Restraining Order Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Restraining Order, written in plain English, along with examples of how it is used.

What is Restraining Order?

(n) Restraining order is the order issued to maintain status quo by prohibiting a party from doing any action or proposed action until further orders. For example a court issuing a restraining order prohibiting further development in a disputed property until the dispute is settled

History and Meaning of Restraining Order

A restraining order is a legal order issued by a court to prevent someone from taking certain actions. It is also known as a protective order, an injunction or an order of protection. The purpose of a restraining order is to maintain the status quo by prohibiting a party from doing any action or proposed action until further orders.

Restraining orders have long been a common legal tool in the United States. Their use is typically associated with cases of domestic violence or stalking, but they can also be used in a wide range of legal contexts. For example, a court might issue a restraining order to prevent someone from contacting certain individuals, to prevent them from publishing certain information, or to prevent them from engaging in certain business activities.

Examples of Restraining Order

  1. A person who has experienced domestic violence can apply for a restraining order to prohibit their abuser from contacting them or coming within a certain distance of them.
  2. A company might apply for a restraining order to prevent a competitor from using their trade secrets or other confidential information.
  3. A landlord might apply for a restraining order to prevent a tenant from damaging their property or engaging in disruptive behavior.
  4. A victim of cyberstalking might apply for a restraining order to prevent the person who is harassing them from contacting them online or via social media.
  5. A court might issue a restraining order to prevent a developer from building on a disputed property until the dispute is settled.

Legal Terms Similar to Restraining Order

  1. Protective Order: A type of restraining order typically used in cases of domestic violence.
  2. Temporary Restraining Order: An emergency order issued by a court to temporarily prevent someone from taking certain actions.
  3. Injunction: A court order that requires someone to stop doing something or to take certain actions.