Also known as: order of protection · protective order · protective orders · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A court order that shields a party or person from annoyance, embarrassment, oppression, or undue burden or expense during litigation.
A court order that prevents irreparable harm pending further proceedings.
A court order that shields a party or person from annoyance, embarrassment, oppression, or undue burden or expense during litigation.
Select any source to read its text and confirm it supports the definition.
A court order that prevents irreparable harm pending further proceedings.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Orbit Communications received a broad subpoena for internal emails in a contract dispute. Its counsel moved for relief after good-faith talks failed to narrow the request. The court limited the production to a defined time period and required cost-sharing to avoid oppressive expense.
A prosecutor learned that a key witness had recanted statements implicating the defendant. The office sought permission to delay disclosure until sentencing because early release could endanger the witness. The tribunal issued an order allowing the delay while still requiring eventual production of the information.
The movant must certify that a good-faith effort was made to resolve the dispute without court intervention. The court then decides whether good cause exists to protect against annoyance, embarrassment, oppression, or undue burden or expense.
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A prosecutor may withhold such evidence only when a tribunal issues a protective order relieving the prosecutor of the usual disclosure duty. The order must be entered after the prosecutor demonstrates that disclosure would create a specific risk.
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The statute permits the partnership to seek a temporary restraining order or preliminary injunction as extraordinary relief without first obtaining unanimous partner consent. The decision to pursue such relief is treated as part of the special litigation committee process.
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The court must require security in an amount it deems proper to cover costs and damages if the enjoined party is later found to have been wrongfully restrained. The United States and its agencies are exempt from this requirement.
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A protective order in the discovery context limits information exchange to prevent undue burden. An order of protection in domestic violence cases restrains contact or proximity to prevent physical harm and may be issued without prior notice upon a showing of irreparable injury.
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Limited partners of Omega Energy filed a derivative action alleging self-dealing by the general partner. The partnership moved for interim relief to halt asset transfers. The court granted a temporary restraining order preserving the status quo during the special litigation committee investigation.
Olympia Steel sought a preliminary injunction to stop a competitor from using allegedly misappropriated trade secrets. The court required the company to post a bond covering potential lost profits before the order took effect. The bond amount was set after the defendant submitted evidence of projected damages.
Onyx O'Reilly obtained an order barring repeated protests at a neighbor's home after prior demonstrations disrupted family life. The neighbor challenged the order as content-based. The court upheld the restriction because it targeted conduct rather than speech and left open ample alternative channels.
Prison officials sought to administer antipsychotic medication to Odin Obeng against his will after he refused treatment for a diagnosed mental disorder. The court reviewed medical evidence and issued an order authorizing the treatment because the inmate posed a danger to himself and others.
…that a competent individual's right to refuse [psychotropic] medication is a fundamental liberty interest deserving the highest order of protection"). [^maj-6]: Under traditional tort law, exceptions have been found only to protect dependent children. See Cruzan v. Harmon , 760 S.W.2d 408, 422, n. 17 (Mo. 1988) (citing cases where…