• April 9, 2019

The Challenges of Protective Orders in Civil Cases

The Challenges of Protective Orders in Civil Cases

1000 668 Patrick J. Thomas Agency

When dealing with cases involving surety bonds, there are times when the court may issue a protective order. Protective orders, like temporary restraining orders, usually prevent a party from taking some type of action. The party may be prohibited from transferring a bank account, selling or disposing assets, making changes to an estate, or many other actions that can be taken. When it comes to surety bonds, protective orders from the court tend to restrict a certain portion of funds within a bond. They can be useful, in certain situations, but there are several issues that can be encountered with protective orders.

Interference from Financial Institutions

The primary challenge that courts run into when placing protective orders that restrict funds within a bond is that the financial institution that is holding those funds needs to agree (in a sense) with the protective order. There are also times where money that is being held by a financial institution in other countries can become tied up because of different laws, regulations, etc. Some financial institutions and countries may not always accept the protective order being placed by a local court within the United States. There can also be additional costs from the financial institutions in order to adhere to the protective order.

Protective Orders are Hard to Change

Circumstances often change in matters of surety, but changing a protective order in reaction to new information or events is not always an easy task. Only the court can change the terms of a protective order, which means an attorney or party must petition the court to make the change. While it may seem straightforward, the court may not always see things in the same light, and it’s possible, in some circumstances, that the change will be denied. Those changes may also have to be accepted by the financial institutions, which can further complicate things.

Costs Can Be Unpredictable

Surety bond costs are already reliant upon a multitude of factors, and while protective orders can sometimes bring down the cost of a bond, it’s not always guaranteed to save overall costs. In fact, there could be additional costs that may arise, depending on the situation. Legal costs like attorney fees and filing fees can add up quickly in these situations. If you are looking for a surety bond for your case and believe there may be a protective order put in place, it’s best to consult with a surety bond agency to discuss the case and the bond that is being required. Contact The Patrick J. Thomas Agency to discuss your surety bond needs today.

 

Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.

Start the Bond Process Today