Ordering Restraint

When a spouse acts in a threatening manner against his or her marital partner, the court is empowered to temporarily order the wrongdoer to take no further action until the court has had a chance to review the situation. This order telling the wrongdoer to stop acting is known as temporary restraining order, which is usually issued after one party makes a request for ex parte hearing. Thus, only the party making the request for the temporary restraining order must appear before the judge. After the temporary restraining order is issued, the court holds a second hearing to hear the other side's story. Then, the court decides whether the temporary restraining order should be made permanent.