Legal Definitions - restraint

Restraint refers to an act or condition that limits, controls, or prevents someone or something from acting freely or fully. It can manifest as physical confinement, a legal restriction on rights or actions, or the suppression of an impulse or activity.

This term is also a component of more specific legal phrases, such as restraint of trade or forfeiture restraint, which have their own distinct legal meanings.

• Example 1: A judge issues a temporary restraining order (TRO) against an individual, prohibiting them from coming within 500 feet of another person's home or workplace.

  Explanation: This court order imposes a direct legal restraint on the individual's physical movement and proximity to another person, limiting their freedom of action for a specific period.

• Example 2: A city ordinance places a height limit on new buildings constructed within a historic district.

  Explanation: This ordinance acts as a restraint on property developers, limiting the scale and design of their construction projects to preserve the character of the historic area. It restricts what they are otherwise legally allowed to build.

• Example 3: A professional athlete signs a contract that includes a clause preventing them from participating in high-risk recreational activities, such as skydiving or extreme sports, during their playing season.

  Explanation: This contractual clause serves as a restraint on the athlete's personal activities, limiting their ability to engage in certain hobbies to protect their physical well-being and contractual obligations to their team.