Business Restraining Orders and How They Can Protect a Small Business!

Running a small business can be really exciting and challenging. I mean, those who have just started their journey can relate to this! The adrenaline rush is different!  

But let’s be honest for a moment. Do you think it sails smoothly? Sometimes, things do get messy or get out of our control.  

Maybe the former employee is acting out, the competitor has crossed the line, or someone is harassing your employee, the worst one I can imagine!  

These are the situations when you look for a shield that can protect your staff and your business. The business restraining order is one such shield.  

Now, you might be thinking that, according to the protective order Tulsa OK, the business restraining order is only for personal matters, such as domestic disputes. However, this specific order can also be used in the business world. 

I call it a lifesaver!  

So, if you are a small business owner, this blog is for you! Here, I will break down what a business restraining order is, when you may need one as a business owner and how it can positively protect the overall small business.  

What Is A Business Restraining Order?

Before we move on to the how, first let’s talk about the what.  

A business restraining order is a legal order that is issued by a court. This order tells a person to stop doing something.  

While it usually restrains in domestic disputes, in the business world, the order can stop someone from:  

• Harassing you and your employees.  

• Stealing your clients or your business secrets.  

• Uninvited visit to your store or office.  

• Posting harmful comments about your business on the online platform.  

• Violating the contract based on non-compete or non-disclosure agreements. 

It’s like asking people to back off, or they might face some legal consequences.   

Why Would A Small Business Need A Business Restraining Order?

I know! I know! You might have had a thought like, “I run this small boutique, why would I ever need a restraining order?” Well, it can be more than you can think of. 

Small businesses can face threats just like big companies, or maybe even more! The big companies may be able to fight back because they have enough resources. But does your small boutique have the same amount of resources?  

The answer is no, and you know that pretty well!  

Here are some of the common situations where small businesses do need a restraining order:  

Disgruntled Former Employee

Let’s say you had to fire an employee, and they have decided to show up! They are entering your office space or store and randomly yelling at your staff and threatening your reputation online.  

This restraining order can legally stop the person from coming near your office or even contacting you.  

The Competitor Has Gone Crazy!

You may find some competitors who don’t know how to play fair. Who knows, maybe one day you’ll see that someone’s copying you, or maybe stealing your customers using unfair tricks.  

You can utilize the restraining order to stop this unfair behaviour ASAP!   

Online Harassment Or Defamation

There can be people who would post fake reviews, spread lies, and even threaten your business on the social media channel. 

Through the business restraining order, the court can help you shut them down. It is not just annoying! The negative comments and fake reviews can cause harm to your business brand and sales.  

Breaking A Non-Compete Agreement

If any of your former partner or employees starts a business that is somewhat close to your business, while violating the agreement, the business restraining order can help to enforce the rules.  

What Kinds Of Business Restraining Orders Are There?

Now that we are discussing business and restraining orders, it is necessary to understand the various types that can provide strong protection for your business.   

Temporary Restraining Order (TRO)

TRO is quick and short-term. You can issue this even without waiting for a full court hearing. I think TROs are great for emergency situations where you need protection for that instance.  

Preliminary Injunction

This particular phase comes right after the court hearing. This lasts longer than the TRO amd further helps you to keep everything stable when the lawsuit is going on. 

Permanent Injunction

You can call this a long-term fix. Let’s say the judge has agreed that your business may face a serious issue without the protection, then the order would last indefinitely.  

How To Get A Business Restraining Order For Your Business?

Now, the process of getting a business restraining order may sound complicated. However, it is not that hard! Here are the simple steps that you can follow:  

Step 1: Talk To A Lawyer

Talking to a lawyer can help you in a lot of ways. They can help you to figure out the best solution for your situation and further prepare your case in the right way!  

Step 2: Gather All Your Proofs

Courts won’t just hand out a restraining order without any reason. You will need to show the issues your business is facing with solid proof.  

So, the experts suggest that you must collect texts, videos, screenshots, and emails—it could be anything. You just have to make sure that it can strongly support your case.  

Step 3: File Paperwork

Your lawyer (or just you, if you are going solo) will have to file a request with the court. The paperwork will explain what is happening or what you want your court to do.  

Step 4: Attend The Hearing

For the long-term orders, you may have to go to the court and explain your case. The other side might be here as well. All you have to do is stay calm or further stick to the facts.  

Step 5: Get The Order Enforced

Now, let’s say the judge has agreed; in that case, they will issue a restraining order now, if the other person can face fines or worse! Jail time.

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