TRO (Temporary Restraining Order) Bond

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What is a temporary restraining order (TRO)?

A temporary restraining order, or TRO, is a short-term pre-trial order issued by a judge that temporarily prevents or forces an action. If one party (the plaintiff) feels threatened by another party (the defendant), they can ask the court to issue a TRO for a few days – until the hearing commences and the judge decides whether to issue a preliminary injunction.

TROs are often associated with domestic violence, child abuse, stalking, sexual violence, harassment, or financial disputes during a divorce case.

Get Your TRO Bond:

Quick Takeaways

  • Judges often require plaintiffs to obtain TRO bonds before issuing temporary restraining orders. 
  • The surety bond would cover the defendant financially if the plaintiff were granted a TRO when they shouldn’t have been. 
  • If the judge rules against the plaintiff in the case, the plaintiff must pay the defendant for any damages they suffered unjustly. 
  • TRO bonds are riskier than many other bonds because they can be replaced by preliminary injunction bonds.

What is a TRO bond?

Judges often require plaintiffs to obtain TRO bonds before issuing temporary restraining orders. The surety bond would cover the defendant financially if the plaintiff were granted a TRO when they shouldn’t have been. When this occurs, the defendant can lose money by facing extra court fees, costs, and damages.

A TRO bond discourages plaintiffs from seeking a TRO when a judge is likely to rule against them in a case. It also guarantees that the plaintiff will pay out any damages the defendant suffers if the court decides it shouldn’t have granted the injunction in the first place.

Who needs a TRO bond?

If you wish for a judge to order a TRO against someone, they may require you to get this bond. The judge will let you know the bond amount you need.

How do TRO bonds work?

A temporary restraining order bond is a three-party contract between a principal, an obligee, and a surety.

  • Principal: The plaintiff that must purchase the bond before a TRO is issued
  • Obligee: The bond beneficiary and defendant in the case
  • Surety: The financial company that issues the bond and backs it financially

If the judge rules against the plaintiff in the case, the plaintiff must pay the defendant for any damages they suffered unjustly. If the plaintiff refuses, the defendant can file a claim against the bond. The surety company may step in to settle the claim upfront, but the plaintiff is fully responsible for repaying the surety for all claim-related costs.

Other Frequently Asked Questions

Yes, TRO bonds are considered higher risk than many other bonds because they can be replaced by another bond: a preliminary injunction bond. That means the surety company is responsible for backing both bonds for the bondholder. Therefore, a surety provider may not issue your TRO bond unless they are also willing to grant you a preliminary injunction bond – if necessary.

The cost of your bond will depend on the bond amount the court requires. You will pay a small percentage of the bond limit as your premium (often 1-3%). You may also need to put up collateral for the same amount before your bond application is approved.  

To be approved for this high-risk bond, you must prove that you need a TRO by providing documentation of your court order. You may also need to provide financial information, a copy of the bond requirement, and other specific information about the case. Your surety may ask you to provide a bank letter of credit before your bond application is approved.

Apply for a Temporary Restraining Order Bond Today

You can start the application below or call us to speak with an agent at 888-435-4191. We can walk you through the bond process and answer any questions you have along the way. Our goal is to get you bonded in a zip!

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Founders Ryan Swalve and Zach Mefferd formed the vision for ZipBonds.com when they realized how overly complicated it was to help clients place surety. The frustration of being unable to incorporate the technology they’d used in other insurance-focused projects left them thinking “there has to be a better way.”

Fast forward a couple of years, and that better way is the impetus of everything we do at ZipBonds. We constantly look for innovative ways to improve the bonding process for our clients and agents. Our team comprises individuals who understand all angles of surety – for companies, agencies, and individuals. Incorporating everyone’s point of view to improve the process while simultaneously integrating cutting-edge technology is what sets our business apart.