TEMPORARY RESTRAINING ORDER

Temporary restraining orders.

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You can limit the actions of your spouse to drain your bank accounts, sell your assets or limit actions concerning your children by causing the court to grant a temporary restraining order.(TRO). Some courts have procedures to cause this.

Requirements for granting a temporary restraining order (TRO):

If you believe and can explain the need to your judge by stating specific facts shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.

The applicant’s attorney certifies in writing any efforts to give notice and why notice should not be required. For instance the asset may be lost.

A permanent record is made of nonwritten evidence, arguments, or representations supporting the application.

The order must be
(1) endorsed with the date and time it is issued,
(2) describe the injury and why it is irreparable, and
(3) state why the order was granted without notice.

Domestic relations TROs (unlike others) need not END within a fixed period, and the court need not set a date for further hearing.

Personal dangers are protected against by personal protection orders.


Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation. For information about State Wide Family Law issues in your area go to http://www.dumpmyspouse.com/
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