TRO vs. Protective Order

Although they may be similarly named, in Indiana, a Temporary Restraining Order (TRO) and a Protective Order (PO) are very different.

TRO

A TRO may be filed during a divorce or separation if the parties are concerned with dissipation of assets. Dissipation is the act of hiding or spending down assets to prevent your spouse from having access to those assets. A TRO prevents the parties from transferring, concealing, selling or otherwise disposing of any joint property during the pendency of the divorce. A TRO can also prevent either party from removing a child of the marriage from the state. TROs are fairly common and protect the parties from losing value in their marital estate or having the child of the marriage taken outside of the court’s jurisdiction.

Protective Order

POs are issued to protect a person from domestic or family violence. A person who is or has been a victim of domestic or family violence may file a petition for a PO. A court can issue a PO with or without a hearing. Without a hearing, a court can provide the following relief:

1. Prohibit a person from threatening a person or committing further abuse against that person and their family and household members
2. Prohibit a person from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with another
3. Remove and exclude a respondent from the residence of a petitioner, regardless of ownership of the residence
4. Order a person to stay away from the residence, school, place of employment or any other place frequented by the petitioner
5. Order petitioner to have possession to a shared residence, a car, or other personal property

With a hearing, the court can provide all the relief above and also provide the following additional relief:

1. Specify arrangements for parenting time of shared children
2. Order respondent to pay various costs and fees, including attorney fees
3. Prohibit a respondent from using or possessing a firearm, ammunition, or a deadly weapon.

In summary, a TRO will ensure that the parties are not disposing of joint property or taking the children outside the court’s jurisdiction during divorce proceedings. A PO protects victim of domestic or family violence from their abuser. If you are in need of either a TRO or PO, contact McNeelyLaw today. Call us at 317-825-5110 to talk to an experienced family law attorney who can help navigate you through your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.