What Are Restraining Order Bonds?

If you are trying to get a temporary restraining order on another person, the courts may sometimes require you to get a temporary restraining order bond. If you’ve never heard of this type of bond, here’s what you need to know about the bond process and what they are for.  

Temporary Restraining Orders Aren’t Just for Domestic Violence

When people think of temporary restraining orders, they usually think of domestic violence or similar cases where one individual is a danger to another person. However, that’s not the only situation where temporary restraining orders come into play.

Sometimes, companies may issue restraining orders on former employees. For instance, if a company wants to restrain an employee from using intellectual property or lists of old clients, the company may need to obtain a temporary restraining order for that individual.

Courts May Require You to Get a Restraining Order Bond

When you request a temporary restraining order, the courts may require you to obtain a temporary restraining order bond. This bond is designed to protect the individual you are getting the restraining order against. If the courts think that the restraining order may hurt the defendant financially, they may order you to obtain the bond.

Surety Bond Companies Can Help

Generally, you have to get this type of bond from a specialist. Ideally, you need to find a surety bond company that is licensed to do business in your area. While searching, keep in mind that these bonds are also called TRO bonds and plaintiff injunction bonds.

Generally, you pay a percentage of the total bond amount to the surety company. However, if the defendant ultimately earns a payout, you are required to cover that whole amount. To ensure that you are financially able to pay the costs, the surety bond company requires you to provide detailed financial information.

A Hearing Happens After the Temporary Restraining Order Is Issued

Whether you are required to get a temporary restraining order bond or not, you will have a second hearing. This usually happens a few days or weeks after the courts issue the temporary restraining order. At this trial, the judge decides if the temporary restraining order should be made permanent.

If the judge decides that the restraining order is not necessary, it will be eliminated. On top of that, if you have been ordered to purchase a temporary restraining order bond, the judge will also determine if the defendant has suffered any losses.

If so, the bond will cover those losses, but you will be required to pay the bondholder for the losses. That includes the defendant’s court costs and legal fees, and it also includes other losses such as lost income and possibly intangible losses such as missed time with family.

Often, if you win the case, you get your bond payment back. However, this can vary depending on the bond company you use. Make sure to read your agreement carefully so you know what to expect.

Defendant Injunction Bonds Are an Option

Defendant injunction bonds are basically the opposite of temporary restraining order or plaintiff injunction bonds. This type of bond may be required in legal cases where the defendant requests a restraining order against the plaintiff. Although the roles are switched, the bond works in the same way.

If you need help with a temporary restraining order bond, contact us at the Service Insurance Company today. Based in New Jersey, we are licensed to do business in multiple states, and we offer a wide range of surety bonds and court bonds. We are happy to help with any kind of bond you need.