Temporary Restraining Orders:

If a spouse or child has been physically abused or threatened with domestic violence a temporary restraining order (TRO) can be filed with the court.  The order is granted by a judge, often ex parte (without a formal hearing), within 24 hours of the request.  Typically, the order requires the alleged abuser to move out of the home and to have no contact with the spouse or child.  The TRO can place restrictions on joint bank accounts and other assets.  The TRO is usually valid for 21 days.

Permanent Restraining Orders:

About two weeks after a TRO is granted, a hearing is held to determine whether to continue the restraining order.  A court may then order a permanent restraining order for several months to several years depending on the level of abuse.  The court may bar all communication or physical contact or it may provide for supervised visitation with children.

While TROs are granted automatically, a court is more cautious in granting a permanent restraining order.  Such an order has enormous ramifications for child custody, visitation and divorce proceedings, and the court will require proof that abuse occurred or that threats were real.