Temporary Restraining Order

Wherefore, Plaintiff prays for the following Relief:

Now Comes Plaintiff, pursuant to [statute] and pursuant to [____ Rules of Civil Procedure, Rule __ ], seeking a temporary restraining order, entry upon land and interim distribution of marital property. In support of this motion, Plaintiff sets forth the following factual allegations:

1. The Jurisdictional Allegations and First Claim for Relief are realleged and incorporated as if fully set forth herein.
2. Plaintiff is a claimant bringing this action and motion in good faith.
3. Defendant has in her possession a computer used by the parties during the marriage.
4. Since the parties' separation, Plaintiff has discovered that Defendant may have engaged in an extramarital relationship prior to the parties' separation.
5. Upon information and belief, Defendant has used e-mails and other services through the parties' computers to promulgate such relationship and communicate with her paramour.
6. Plaintiff has been barred from reentry into the marital residence due to the statutes governing Domestic Criminal Trespass.
7. Plaintiff is in need of an order preserving any evidence that may exist on the parties' computer owned during the marriage. Plaintiff is in immediate need and shall suffer irreparable harm absent such an order, as Plaintiff fears that Defendant will delete or destroy any evidence contained on such computer.
8. Plaintiff is in need of such an order on an ex parte basis to ensure that any evidence is not deleted prior to discovery by Plaintiff.
9. Plaintiff is in need of immediate relief in the form of a temporary restraining order preventing the waste, disappearance, or conversion of the parties' computer and the contents therein until such time as an equitable distribution can be had.
1. That the court grant an interim distribution of marital property in the form of distributing the parties' computer to Plaintiff.
2. That the court require Defendant to immediately produce any and all computer equipment and software contained within the marital residence to preserve evidence vital to Plaintiff's claims for relief.
3. That the court allow Plaintiff to reenter the marital residence with law enforcement to retrieve such computer equipment. Alternatively, that such computer be produced and held at Plaintiff's attorney's office to ensure that the appropriate evidence is preserved.
4. Any further such relief the court deems just and proper.

This the ______ day of __________________ 2007

Source: Ketan P. Soni, an associate of The Rosen Law Firm in Raleigh, North Carolina.

Published in Family Advocate, Volume 29, No. 3, Winter 2007. © 2007 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.