Also known as: Emergency Protective Order · EPO · EPOs · protective order · temporary restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A court order issued by a magistrate to protect a victim of domestic violence from immediate harm. The order can address housing, custody, and support issues pending further proceedings. It differs from preliminary orders issued by a court and permanent orders requiring a full hearing.
Select any source to read its text and confirm it supports the definition.
A prosecutor learns of exculpatory witness statements during a criminal case. The prosecutor moves for a protective order to limit disclosure. The tribunal grants the order, relieving the duty to disclose until sentencing.
A limited partner sues the partnership. The partnership seeks a temporary restraining order to halt further derivative claims. The court grants the extraordinary relief to preserve partnership assets.
A father refuses to produce his child despite a court order favoring the mother. The agency seeks enforcement through civil contempt. The court upholds the order after finding no Fifth Amendment violation in the production demand.
A person obtains a protective order against a former spouse. Police repeatedly decline to enforce it over several hours despite repeated calls. The court later finds no due process property interest in mandatory enforcement of the order.
A woman seeks to prevent destruction of frozen embryos after separation. Her former partner objects based on prior agreements. The court refuses relief, holding that forced parenthood violates public policy.
An officer of a civil rights group receives threats tied to membership activities. The state demands member lists during related proceedings. The court quashes the demand to protect associational privacy rights.
A magistrate can issue an emergency protective order upon a showing of immediate danger to the victim.
An emergency protective order is issued by a magistrate while a preliminary protective order is issued by a court and may proceed ex parte.
Yes. Each category of protective order, including emergency orders, can influence subsequent custody, support, and dissolution rulings.
…petitioner from obtaining a hearing on the merits of the underlying ouster action, or from taking any steps to dissolve the temporary restraining order which had been issued ex parte, until it purged itself of contempt. But cf. Harrison v. St. Louis & S. F. R. Co. , 232 U. S. 318; Hovey v. Elliott , 167 U. S. 409. The State Supreme…