RESTRAINING ORDER
restraining order. 1. A court order prohibiting family violence; esp., an order restricting a
person from harassing, threatening, and sometimes merely contacting or approaching another
specified person. • This type of order is issued most commonly in cases of domestic violence. A
court may grant an ex parte restraining order in a family-violence case if it is necessary to (1)
achieve the government’s interest in protecting victims of family violence from further abuse, (2)
ensure prompt action where there is an immediate threat of danger, and (3) provide governmental
control by ensuring that judges grant such orders only where there is an immediate danger of such
abuse. Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983 (1972). — Also termed protection order;
protective order; stay-away order. See ex parte motion under MOTION. [Cases: Breach of The
Peace 15. C.J.S. Breach of the Peace §§ 14, 18, 21, 25; Domestic Abuse and Violence§§ 2–3.]
2.TEMPORARY RESTRAINING ORDER. 3. A court order entered to prevent the dissipation or
loss of property. [Blacks Law 8th]