Also known as: stay away order · stay-away orders · stay away orders · protective order · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that directs a party to refrain from contacting or approaching another person or from taking specified actions.
Sasha Stone served broad document requests on Stephen Shaw in a contract dispute. Shaw moved for a stay-away order limiting contact to avoid undue burden. The court granted the order after finding good cause and required the parties to confer first.
A prosecutor learned of exculpatory evidence but worried about witness safety if disclosed. The prosecutor requested a stay-away order from the tribunal to delay disclosure. The court issued the order after confirming the statutory exception applied.
Select any source to read its text and confirm it supports the definition.
Sabrina Shah filed a derivative action against a limited partnership. The partnership appointed a special litigation committee and moved for a stay-away order halting the suit. The court granted the temporary restraining order to allow the committee to complete its investigation.
Samantha Stone sought a preliminary injunction against a competitor. The court conditioned the stay-away order on Stone posting security to cover potential damages if the restraint proved wrongful. Stone complied and the order issued.
Sylvia Santos obtained a stay-away order preventing a broadcaster from airing certain recordings. The broadcaster challenged the order on First Amendment grounds. The court evaluated whether the restraint satisfied the applicable constitutional test.
Selena Singh challenged a redistricting plan and sought interim relief to stay implementation. The court considered whether a stay-away order was warranted pending full adjudication. The parties presented evidence on irreparable harm and likelihood of success.
A court may issue a temporary restraining order without notice only upon a verified showing of immediate and irreparable injury and a certification of efforts to provide notice or why notice should not be required.
The order must state the date and hour of issuance, describe the injury and why it is irreparable, explain why notice was not given, and set an expiration date not exceeding fourteen days.
Yes. The movant must demonstrate good cause that the order is needed to protect a party from annoyance, embarrassment, oppression, or undue burden or expense.
A prosecutor may withhold exculpatory evidence under a protective order only when the tribunal has relieved the prosecutor of the disclosure duty by issuing such an order.
The movant must give security in an amount the court deems proper to cover costs and damages if the restrained party is later found to have been wrongfully enjoined.
…violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business.…