A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time.
Examples of a TRO include:
- Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants
- Stopping or preventing construction or destruction to property
- Restoring utilities or access to a residence following wrongful eviction
A TRO cannot order:
- Temporary custody or temporary child support
- A person to go to counseling or drug treatment
- You can file a TRO through the eFiling portal on the court's website or in person in the Civil Division, 500 Indiana Ave NW, Suite 5000, Washington, DC 20001. The motion for a TRO form is available here.
- You may request a waiver of the filing fees which will be reviewed by the Court.
- A TRO motion is separate from a complaint and requests the court to require or prohibit someone from doing something, but does not include a request for money damages.
- The judge cannot order a party to go to counseling or drug treatment, pay money, address custody issues, or evict someone.
- The judge cannot order a party to go to counseling or drug treatment, pay money, address custody issues, or evict someone.
- A hearing notice or scheduling order will be emailed to you that will include the date, time and location of the hearing.
- At the hearing on your TRO motion, you should be prepared to:
- Present evidence and/or witness testimony that supports your motion.
- Show the judge that you let the other party know the date and time of the hearing and provided a copy of the TRO motion and the complaint to the other party. If you didn’t notify the other party, the judge may delay the hearing to a later date or deny your motion.
- If you do not appear for your hearing, the judge may deny your motion or dismiss your case.
Whether you can file for a TRO or a Temporary Protection Order (TPO) depends on the type of relationship you have with the other party. A TRO may be filed against any person or organization when you are asking the court to require that person or organization to do or to not do something.
You may file for a TPO in the Domestic Violence Division ONLY if someone commits a crime against you. (Ex: Assaults you, threatens you, destroys your property, stalks you, etc.) AND that person is:
- An immediate family member (e.g. sibling, parent, child)
- A spouse or former spouse (husband, wife, ex-husband, or ex-wife)
- Someone with whom you had a dating, sexual, or romantic relationship
- Someone with whom you have a child(ren) in common
- Someone who lives with you
- Someone who sexually assaulted you
- Someone who is stalking you
- Someone in a relationship with your ex, or is your partner's ex
A final stay away order from the Domestic Violence Division can:
- Require a person to stay away from you for up to one year
- Require a person to go to counseling or drug treatment
- Grant temporary custody or child support
- If a party violates a TRO, you may file a motion for contempt. If a person is found in contempt for violating a TRO, you may recover monetary damages through fines paid by the party violating the TRO.
- If a party violates a TPO, the case is referred to either the Office of the Attorney General for the District of Columbia or the U.S. Attorney’s Office to determine whether they will prosecute the case. If the case is prosecuted, it may have criminal penalties.