Also known a court injunction, a temporary restraining order is an official edict from a court requiring an individual to refrain from a specific act(s). Though often associated with domestic violence cases, temporary restraining orders are common in legal proceedings and provide the courts with a useful mechanism to pause events in place. They also provide plaintiffs with the means to keep a defendant away from themselves or their children. Given the sensitive nature of these orders and the negative consequences that potentially arise from restricting a person’s freedom, judges are cautious about issuing them. In some cases, they require plaintiffs to acquire a temporary restraining order bonds, a type of court bond before they agree to proceed. If you or someone you know requires one of these bonds, this quick and clear guide explains everything you need to know.
What is a Temporary Restraining Order Bond?
Essentially, it deters plaintiffs from pursuing frivolous restraining orders. Before we explain how, consider the three parties involved in the surety bond agreement:
- Principal – The plaintiff is usually the principal. They must obtain a bond and pay for any claims filed against the bond.
- Obligee – The defendant is typically the obligee. They can file claims against the bond seeking financial compensation.
- Surety – The company that issues the bond is the surety. If the plaintiff refuses to compensate the obligee for valid claims, the surety agrees to cover the cost. Afterwards, however, the surety may bill the principal for the amount paid, along with interest, fees, and associated costs.
A judge may agree to hear a plaintiff’s argument for why they need temporary restraining order protections, then decline to issue the order. A judge may also issue a restraining order that the courts later determine was unnecessary. Either way, the defendant has been paying lawyer’s fees and court costs to fight the order, and may have lost wages or valuable family time as a result of having their movements restricted – which is unfair. Courts discourage plaintiffs from filing unmerited or vindictive restraining orders by forcing them to obtain bonds and pay for any associated damages. Ideally, plaintiffs are only willing to accept the financial obligations of the temporary restraining order bond if they known they have a valid reason to pursue a restraining order.
Who Needs a Temporary Restraining Order Bond?
Anyone required to obtain one by the courts. Since temporary restraining orders can be issued ex parte – meaning without the defendant present – they have a high potential to do unexpected harm. Therefore, temporary restraining orders bonds are often required, but it’s not universal. If you require a temporary restraining orders surety bond, the judge and your legal counsel will both make that clear. You won’t be able to secure a temporary restraining order until you can provide proof you have a bond, so don’t delay finding a surety company to work with, especially one like Viking Bond Service that can handle the complexities of court bonds and operate in all 50 states.
How to Acquire a Temporary Restraining Order Bond?
You can acquire a temporary restraining order bond in as little as 48 hours with the right surety bond provider. You will simply need to submit a standardized bond application with information about your background, business interests, and personal finances. You must also supply a copy of the bond requirement and court order, as well as any other documentation the surety requests. Underwriters at the surety will assess whether the temporary restraining order has merit and how likely you are to pay the surety back for claims it settles on your behalf. That assessment will lead to a quote for the premium price, and once it’s paid, you’re given a document for the courts proving you meet the bond requirement.
How Much Does a Temporary Restraining Order Bond Cost?
The courts decide how large the bond needs to be, meaning how much the surety agrees to pay to settle claims, based on what they consider a reasonable risk of damages. Premiums typically cost 2-5% of the total, so for a $50,000 bond the premium could be as little as $1,000. How much you pay is up to the underwriters and based on the circumstances of the case and your financial history. Bond applicants with low credit scores or a bankruptcy on their credit report may pay more than 5%, but they won’t necessarily be denied outright. The team at Viking Bond Service remains committed to getting as many people approved for bonds as we possibly can.
How Does a Temporary Restraining Order Bond Differ From an Injunction Bond?
They don’t, actually. A temporary restraining order bond is just one kind of injunction bond. There are three kinds of injunctions – temporary, preliminary, and permanent – each with similar but slightly unique bond requirements. People who obtain a temporary restraining order (and the attendant bond) often purse a preliminary injunction as well to make the protections more permanent, in which case plaintiffs may need to obtain another bond.
Bonding Made Easy With Viking Bond Service
For people who need a temporary restraining order, time is of the essence. Don’t let bonds hold you back – work with Viking Bond Service instead. We have all the resources you need to meet the mandates of the court, along with a streamlined bonding process designed to eliminate delays and reduce costs. Speak to one of our experts by filling out the contact form on this page or by calling 888-278-7389. Our online bond application is ready for you to complete 24/7, and our comprehensive website contains everything you need to know about suety bonds.