Harassment Restraining Orders (HRO)
If someone is harassing, stalking or threatening you and you fear their bad behavior will continue, you can apply for a Harassment Restraining Order (“HRO”). HROs are available against nearly anyone: neighbors, acquaintances, family members, and strangers. While the HRO is in force, the person who was bothering you will not be allowed to contact you through any means of direct communication, mass media, or third-parties. They can also be restrained from coming to your house or place of business. If the person against whom you received the HRO wants to dispute the restraining order, the court will schedule a hearing. You must attend the hearing or the HRO will be dismissed. It is important to arrive at the hearing prepared to present evidence and witness testimony because the court may order an immediate evidentiary hearing.
If you have been falsely accused of abusing or harassing someone and they have obtained an HRO against you, you have the right to a fervent defense. Wilson Law Group is well-versed in defending clients from HROs. It is important that you understand your rights in this situation and know what your options are to defend yourself.
Is someone trying to interfere with your established contract, business relationship, property, or civil rights? If such situation is ongoing or about to happen, you may be entitled to some temporary relief during the pendancy of your civil suit. This type of temporary relief often comes in the form of a temporary injunction and/or temporary restraining order (TRO). An injunction is simply a court order directing a party to behave in a certain way. They can be both positive (a party must do something) or negative (a party must not do something).
Obtaining a temporary injunction can be extremely difficult, depending on the circumstances. The process generally begins by obtaining a TRO. The TRO hearing is sometimes held ex parte (without the other party's presence). At the TRO hearing a judge will decide whether there exists sufficient cause to issue a TRO, which will grant temporary relief until such time as the parties may appear for a more formal hearing, the temporary injunction order hearing. This second hearing normally occurs within ten days of a granted TRO.
The standards for both temporary orders are quite high, but TROs have somewhat less procedural requirements than the temporary injunction order, which will typically last longer and have the potential to more adversely affect the opposing party's rights. For a court to issue a TRO, a party must demostrate: 1) immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition; and 2) the applicant’s attorney states to the court in writing the efforts, if any, which have been made to give notice or the reasons supporting the claim that notice should not be required.
The temporary injunction standards require:
(a) No temporary injunction shall be granted without notice of motion or an order to show cause to the adverse party.
(b) A temporary injunction may be granted if by affidavit, deposition testimony, or oral testimony in court, it appears that sufficient grounds exist therefor.
(c) Before or after the commencement of the hearing on a motion for a temporary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion. Even when this consolidation is not ordered, any evidence received upon a motion for a temporary injunction which would be admissible at the trial on the merits becomes part of the trial record and need not be repeated at trial.
Temporary injunction orders also often require the moving party to provide security, often in the form of a bond, to cover any costs and expenses of the resisting party in the event the non-moving party is found to have been wrongfully enjoined or restrained.
Both order types will be as narrow and specific as possible to avoid as many potential risks for both parties as is possible. The requirements for both are quite complex and you should retain the services of counsel familiar with the process to best represent your interests.