Before diving into the details of the bond, it helps to understand how a temporary restraining order (TRO) works. If someone feels threatened by another party and worries for their person, property, or business interests, they can appeal the court to issue a TRO. Once issued, the order restricts an individual or organization’s movements and actions depending on the details. TROs usually only last a few days while a judge hears arguments from both sides and deliberates whether to issue a preliminary injunction, which is basically a longer version of the TRO.
Bonds come into the equation when someone first seeks out a TRO. Judges require plaintiffs to prove they have a temporary restraining order bond (TRO bond or TRO surety bond) before they agree to issue the order or proceed with the hearing. Bonds hold the plaintiff, the person seeking the TRO, financially responsible if the judge later rules the order should not have been granted. When the judge rules against the plaintiff, that person must pay the defendant court costs, damages, and potentially other fees. But if they don’t, the defendant can file a claim against the bond, and as long as the claim proves valid, the company that issues the bond guarantees payment. If the bond company steps in to pay, however, the bond holder must pay the debt pack with interest and fees added.
What is the Purpose of a Temporary Restraining Order Bond?
TROs help protect plaintiffs, but they also place heavy restrictions on the defendant. If a judge later rules the order was never necessary in the first place, plaintiffs must take responsibility for the harm they have caused the other party. Given the contentious nature of the circumstances, a plaintiff who has recently lost a case may not feel inclined to pay anything to the other party in the case, but because of bonds, they cannot escape that financial obligation. Bonds guarantee that defendants will get paid and they guarantee plaintiffs are held accountable. In the process, they ensure that justice is served and help discourage people from seeking TROs judges are likely to rule against later.
Who Needs a Temporary Restraining Order Bond?
Anyone a judge orders to get one. For the reasons outlined above, judges feel much better proceeding with a TRO – and removing someone else’s freedoms without hearing their side of the argument – when the plaintiff has a bond in place. When a bond is necessary, the judge will specify how large it must be, meaning how much the bond company agrees to pay out in claims, and may specify other terms and conditions. TRO protections won’t take effect without a bond, so it’s important for anyone needing these protections to get a bond ASAP. Instead of searching around for adequate options, connect with a top nationwide surety brokerage like Viking Bond Service from the start.
How to Get a Temporary Restraining Order Bond?
After finding a qualified surety brokerage to work with, you will need to complete a standard bond application, which will ask for details about your finances, business dealings, and personal background. You must also supply a copy of the court order specifying the exact bond requirements. TRO bonds create more risk for the surety brokerage, so you may need to turn over additional documentation so that underwriters can confidently evaluate whether the TRO is absolutely necessary or whether it could trigger claims later on. At Viking Bond Service, we evaluate applicants thoroughly but efficiently, which is how we return quotes within 48 hours.
Underwriters will quote you a price for the temporary restraining order bond cost (called the premium) based on your credit risk and the size of the bond. Premiums usually cost a small percentage of the bond total, so you might pay just a few thousand dollars for a bond worth close to six figures, but you often have to provide full-cash collateral as well. After paying the premium and possibly putting up collateral, the surety will supply you with proof you have a bond, meaning you’re one step closer to getting the judge to grant the TRO. As long as you avoid having claims filed against the bond – by paying the defendant when the judge rules in their favor – you only pay the premium.
Viking Bond Service – Bonds Without Delay
If you need a temporary restraining order bond, time is of the essence. You can’t wait an hour longer than necessary to put protections in place, so you can’t wait to get a bond either. Instead of getting bogged down in paperwork and red tape, work with a surety brokerage that understands the gravity of the situation and knows how to act fast. At Viking Bond Service, we make it quick, easy, and straightforward to obtain a bond that checks all the boxes the court requires. We are located at 22601 N 19th Ave, Phoenix, AZ 85027, but you don’t need to visit us in person. Get started on our online bond application at any time, or contact one of our in-house bond experts through the form on this page or by calling 888-278-7389.
