Temporary Restraining Order

Related to Temporary Restraining Order: Preliminary injunction

Temporary Restraining Order

A court order that lasts only until the court can hear further evidence.

A Temporary Restraining Order (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.

Under federal and state rules of Civil Procedure, a person may obtain a TRO by visiting a judge or magistrate without notice to, or the presence of, the adverse party. A TRO may be issued by a court only if (1) it appears from specific facts shown in a signed, sworn Affidavit or complaint that immediate irreparable injury, loss, or damage will result to the applicant before the adverse party or the adverse party's attorney can be heard in opposition; and (2) the applicant's attorney describes to the court in writing the efforts, if any, that have been made to give notice to the adverse party and gives reasons to support the claim that notice should not be required.

Temporary restraining orders are extraordinary measures because they are court orders issued against a party without notice to that party and without giving the party an opportunity to argue against the order. A TRO usually lasts only two or three days, until the court can hear both sides of the issue and decide whether to issue a preliminary Injunction. A court generally hears arguments on the preliminary injunction as soon as possible after the TRO is issued. On the federal level, rule 65 of the Federal Rules of Civil Procedure mandates that a TRO should not last longer than ten days, and that a TRO may be renewed only for an additional ten days. State courts have similar provisions in their rules of civil procedure.

The immediate potential for irreparable harm is the gravamen of the TRO. If an applicant is unable to prove that the harm suffered will be irreparable or that the irreparable harm is imminent, a court will not approve a TRO. Assume that a person purchases a car with financing from the dealership. The buyer then becomes embroiled in a dispute with the dealership over the car and stops making payments; the dealership responds by threatening to repossess the car. If the buyer applies for a TRO preventing the dealership from taking the car, a court would likely refuse the request, because the loss of the car is not imminent. Moreover, the loss of a car is not an irreparable injury; a court would likely expect the buyer to carry on with other modes of transportation.

Now assume that the purchased vehicle is a large utility van that the buyer has customized to use in her catering business. The loss of the van for a few days would be disastrous to the business and could eventually lead to Bankruptcy, so the buyer would likely be able to obtain a TRO, provided the harm was sufficiently imminent.

The adverse party cannot appeal the issuance of a TRO to a higher court. The best remedy for an adverse party is to obtain a court hearing as soon as possible on the issuance of a preliminary injunction. preliminary injunctions may be appealed to higher courts.

TROs are commonly issued in situations involving Stalking and harassment or damage to property. Other common TRO situations include Unfair Competition and trademark, copyright, or patent infringement, all of which involve potentially irreparable damage to a party's economic livelihood.

temporary restraining order

temporary restraining order (TRO)

(Pronounce each of the letters,not as a word.) A court order issued upon application of someone claiming that a state of emergency exists,a defendant must be ordered to desist some action, or a defendant must be ordered to take some action, otherwise irreparable harm will result and the simple recovery of money damages afterward will not be adequate to compensate the plaintiff. Because of the unique nature of real estate and the protections historically granted to it,TROs are usually sought in order to stop developers from cutting trees, clearing land, building or destroying dams,or other such matters.

• The temporary restraining order is a type of injunction.

• Normally the application must be made under oath and must be accompanied by a bond in an amount set by the court. The bond is supposed to provide a fund out of which a defendant may be reimbursed if it later appears that the temporary restraining order was wrongful.

• The TRO may be issued without notice to the other side and without giving the other

side an opportunity to argue against it, if certain technical requirements are met. The

judge issuing the TRO must set the matter down for hearing on a preliminary injunction within a very short period of time, and notice of the hearing must be given to the other side. At that hearing, the judge will either grant the preliminary injunction or dissolve the TRO. If the judge grants the preliminary injunction, the matter will be set for trial regarding the propriety of a permanent injunction. A judge may determine that there is no emergency, dissolve the TRO, but still set the matter for trial regarding a permanent injunction or money damages.

单词	temporary restraining order
释义	DictionarySeeTRO temporary restraining order temporary restraining order: see injunctioninjunction, in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal ..... Click the link for more information. . MedicalSeeinjunction Temporary Restraining Order Related to Temporary Restraining Order: Preliminary injunction Temporary Restraining Order A court order that lasts only until the court can hear further evidence. A Temporary Restraining Order (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction. Under federal and state rules of Civil Procedure, a person may obtain a TRO by visiting a judge or magistrate without notice to, or the presence of, the adverse party. A TRO may be issued by a court only if (1) it appears from specific facts shown in a signed, sworn Affidavit or complaint that immediate irreparable injury, loss, or damage will result to the applicant before the adverse party or the adverse party's attorney can be heard in opposition; and (2) the applicant's attorney describes to the court in writing the efforts, if any, that have been made to give notice to the adverse party and gives reasons to support the claim that notice should not be required. Temporary restraining orders are extraordinary measures because they are court orders issued against a party without notice to that party and without giving the party an opportunity to argue against the order. A TRO usually lasts only two or three days, until the court can hear both sides of the issue and decide whether to issue a preliminary Injunction. A court generally hears arguments on the preliminary injunction as soon as possible after the TRO is issued. On the federal level, rule 65 of the Federal Rules of Civil Procedure mandates that a TRO should not last longer than ten days, and that a TRO may be renewed only for an additional ten days. State courts have similar provisions in their rules of civil procedure. The immediate potential for irreparable harm is the gravamen of the TRO. If an applicant is unable to prove that the harm suffered will be irreparable or that the irreparable harm is imminent, a court will not approve a TRO. Assume that a person purchases a car with financing from the dealership. The buyer then becomes embroiled in a dispute with the dealership over the car and stops making payments; the dealership responds by threatening to repossess the car. If the buyer applies for a TRO preventing the dealership from taking the car, a court would likely refuse the request, because the loss of the car is not imminent. Moreover, the loss of a car is not an irreparable injury; a court would likely expect the buyer to carry on with other modes of transportation. Now assume that the purchased vehicle is a large utility van that the buyer has customized to use in her catering business. The loss of the van for a few days would be disastrous to the business and could eventually lead to Bankruptcy, so the buyer would likely be able to obtain a TRO, provided the harm was sufficiently imminent. The adverse party cannot appeal the issuance of a TRO to a higher court. The best remedy for an adverse party is to obtain a court hearing as soon as possible on the issuance of a preliminary injunction. preliminary injunctions may be appealed to higher courts. TROs are commonly issued in situations involving Stalking and harassment or damage to property. Other common TRO situations include Unfair Competition and trademark, copyright, or patent infringement, all of which involve potentially irreparable damage to a party's economic livelihood. Further readings Buzawa, Eve S., and Carl G. Buzawa, eds. 1996. Do Arrests and Restraining Orders Work? Thousand Oaks, Calif.: Sage. Shoben, Elaine W., and William Murray Tabb. 1989. Remedies: Cases and Problems. Westbury, N.Y.: Foundation Press. temporary restraining order temporary restraining order (TRO) (Pronounce each of the letters,not as a word.) A court order issued upon application of someone claiming that a state of emergency exists,a defendant must be ordered to desist some action, or a defendant must be ordered to take some action, otherwise irreparable harm will result and the simple recovery of money damages afterward will not be adequate to compensate the plaintiff. Because of the unique nature of real estate and the protections historically granted to it,TROs are usually sought in order to stop developers from cutting trees, clearing land, building or destroying dams,or other such matters. • The temporary restraining order is a type of injunction. • Normally the application must be made under oath and must be accompanied by a bond in an amount set by the court. The bond is supposed to provide a fund out of which a defendant may be reimbursed if it later appears that the temporary restraining order was wrongful. • The TRO may be issued without notice to the other side and without giving the other side an opportunity to argue against it, if certain technical requirements are met. The judge issuing the TRO must set the matter down for hearing on a preliminary injunction within a very short period of time, and notice of the hearing must be given to the other side. At that hearing, the judge will either grant the preliminary injunction or dissolve the TRO. If the judge grants the preliminary injunction, the matter will be set for trial regarding the propriety of a permanent injunction. A judge may determine that there is no emergency, dissolve the TRO, but still set the matter for trial regarding a permanent injunction or money damages. See TRO See TRO
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temporary restraining order

temporary restraining order:

Temporary Restraining Order

Temporary Restraining Order

Further readings

temporary restraining order

temporary restraining order (TRO)