Also known as: protection orders · protective order · protective orders · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A court order issued to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. The order may limit discovery, relieve a prosecutor of disclosure duties, or authorize extraordinary relief such as a temporary restraining order.
Pavel Petrov sued Prism Analytics for breach of contract. During discovery, Prism Analytics moved for a protective order after Pavel sought millions of internal emails. The court found good cause and limited the production to relevant documents only after the parties conferred in good faith.
The prosecutor learned of exculpatory evidence in Parker Phillips's case but obtained a protective order from the tribunal. The order relieved the prosecutor of the duty to disclose the information to the defense because disclosure would endanger a witness.
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Pacific Bank, as limited partner, filed a derivative action against the general partner. The partnership appointed a special litigation committee that moved for a temporary restraining order to halt the suit while it investigated. The court granted the extraordinary relief under the statute.
Patrick Phan sought a preliminary injunction against Premier Manufacturing to stop alleged trade secret misuse. The court required Patrick to post a bond in an amount sufficient to cover any damages if the injunction later proved wrongful before granting relief.
Pamela Phillips obtained a protection order against her ex-husband after repeated threats. When police failed to enforce the order during an emergency, Pamela sued the town, claiming the order created a protected property interest in police protection.
After finding evidence of abuse, the court placed Perry Pratt's child under a protective supervision order requiring Perry to cooperate with social services and attend therapy. The order allowed the agency to monitor the home without removing the child.
The movant must certify a good-faith effort to resolve the dispute without court action and demonstrate good cause that the discovery would cause annoyance, embarrassment, oppression, or undue burden or expense.
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Under Model Rule 3.8(d), a prosecutor may be relieved of timely disclosure duties when the tribunal issues a protective order, typically to safeguard witnesses or sensitive information.
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The Supreme Court has held that a protection order does not create a protected property interest in police enforcement under the Due Process Clause.
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Under Rule 65(c), the movant must give security in an amount the court deems proper to cover costs and damages if the enjoined party is later found to have been wrongfully restrained.
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The order keeps the child in the home while imposing conditions on the custodian, such as cooperation with services and therapy, allowing ongoing agency oversight without removal.
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…steps to qualify itself to do business therein. Petitioner demurred to the allegations of the bill and moved to dissolve the restraining order. It contended that its activities did not subject it to the qualification requirements of the statute and that in any event what the State sought to accomplish by its suit would violate…