Temporary Restraining Orders For Online Harassment

temporary restraining orders
Temporary restraining orders can get an adversary off your back.

Political pundits with a penchant for online pontificating hail from all corners of the country — even paradise. Mr. Eric Ryan — a Hawaiian resident who has run into a bit of legal trouble over some of his online activities — is one such activist. Unfortunately for him, though, his efforts have been thwarted thanks to a temporary restraining order.

According to the Hawaii Reporter, Ryan has earned a reputation as an online pest — so much so that he’s described in this article as a “serial slanderer.” The Internet enthusiast was recently arrested for violating a temporary restraining order that was issued over an alleged online harassment issue.

What Is A Temporary Restraining Order?

A temporary restraining order – or TRO – is a court order that either compels a party to act or refrain from doing something. TRO’s are used for many things, including trade secrets, discrimination and online harassment.

Temporary restraining orders usually don’t last for more than 14 days and can be issued ex parte. In plain speak, ex parte means your adversary doesn’t need to be notified that the TRO is coming.

What Happened When Ryan Violated His TRO For Online Harassment?

Preserved for prosperity in a picture on the Hawaii Reporter’s website is Eric Ryan’s arrest for allegedly defying a temporary restraining order. Dressed in a bright yellow shirt, with the words Citizen Patrol emblazoned across the back, Ryan was picked up on Ewa Beach. Supposedly he was there to protest Kym Pine – an individual with whom Ryan is allegedly embroiled in a billing scuffle. Pine is also the party that had the TRO issued against Ryan.

In short, Ryan got to close and the Hawaii Police Department hopped into action.

How Long Does It Take To Get A Temporary Restraining Order Issued For Online Harassment or Stalking

TRO’s are issued under the assumption that the movant may experience immediate harm if the order is not issued. To that end, they are generally granted in a timely manner. To obtain a TRO, your lawyer will have to prove to the judge that:

  1. You are likely to be granted an injunction against your adversary in court.
  2. You were irreparably harmed or harassed by your adversary.
  3. You will experience similar harassment if you are not granted the TRO.
  4. Your TRO will not impede public welfare in any way.

It’s important to understand that temporary restraining orders are not full-fledged injunctions. They’re stop-gaps, in the form of a court order, which allow relief for (usually) up to two weeks. They give parties time to prepare a motion for an injunction. In some cases, a TRO is enough to “scare off” a relatively harmless adversary who is just looking to irritate.

The Kelly/Warner Law Firm has handles temporary restraining orders for individuals and businesses looking for protection against an adversary. If you need assistance, don’t hesitate to contact us today. The harassment can stop, for the time being, with a properly filed TRO.

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