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Temporary restraining orders are a topic often asked about by spouses starting a divorce. A temporary restraining order (TRO) are generally used to preserve the status quo of a situation to prevents some act from occurring before a hearing in front of a judge can take place. The TRO generally is granted based on affidavits without a full hearing.
Either spouse can request the TRO to protect either the party or the parties’ property. For example, in situations of domestic violence the TRO can prohibit the other spouse from entering the marital residence. Another situation would be if a husband or wife believes the other spouse will take steps to sell community property or take steps to hide property.
Because the TRO is often based on affidavits and not a hearing, the TRO is effective for no more than 14 days. At that time a hearing must be heard in which the judge can leave the restrictions or make modifications to the TRO.
A TRO can be an effective way to protect a spouse or the property involved in a divorce. A party should discuss the option with their attorney if they feel it is required to maintain the status quo once a divorce is filed.
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