A temporary restraining order (TRO) is a court order that lasts a few days until a hearing can be held to determine whether a pre-trial injunction will be issued. The party applying for the TRO must be immediately harmed, and other requirements are procedural. TROs can be issued for various reasons, and the party who would be subject to detention does not need to be notified before the TRO is issued. The harm must be significant, and after a TRO is issued, a hearing is held to determine whether a preliminary injunction should be granted.
A temporary restraining order (TRO) is a court order that is enforced until the court can consider more evidence in the case. In most cases, a TRO lasts only a few days, until a hearing can be held to determine whether a pre-trial injunction will be issued until the full trial is done. The primary requirement for a temporary restraining order is typically that the party applying for the TRO be immediately harmed in some way, such as financially or physically, if the other party is not held. Other requirements for a temporary restraining order are typically procedural, such as the requesting party or an attorney for that party having to submit the proper documentation detailing the harm that could occur if the TRO is not issued.
Types of TRO
There are many types of temporary restraining orders and reasons why they might be issued. For example, if there is an immediate threat of violence in a domestic dispute, a TRO might be issued to prevent a person from contacting or being near another person until a hearing can be held. A TRO could be issued to prevent a bank or creditor from immediately repossessing a vehicle, equipment or property if doing so could cause irreparable financial damage to the claiming party. Other instances where TROs might be issued could involve copyright or trademark infringement, among other legal issues.
Prior notification not required
A significant element of a temporary restraining order is that the party who would be subject to detention does not need to be notified before the TRO is issued. This means that when the applicant appears in court to ask for a TRO, the other party is not present and cannot challenge the applicant’s statements. One reason is that the party that would be detained cannot act before the TRO is issued. For example, if two neighbors are involved in a logging dispute near the boundaries of shared property, the neighbor who wants to cut down trees could do so before the TRO hearing if they know about it. If he does not become aware of the potential TRO before it is issued, however, that person cannot knowingly act before the TRO is in effect.
The damage must be significant
If the harm that could be caused if the temporary restraining order is not issued is not immediate, significant, and irreparable, it is unlikely that a TRO will be issued. For example, a person will likely not be granted a TRO that would prevent a vehicle from being impounded unless he or she can convince the court official that being without the vehicle for even a few days would cause significant financial harm. A small delivery business, however, could make a convincing case that the loss of its delivery vehicle would seriously damage its business.
In effect for the short term
After a temporary restraining order is issued, a hearing is held to determine whether a preliminary injunction should be granted. This hearing usually takes place within a few days, and both parties are allowed to state reasons why the preliminary injunction should or should not be issued. After the hearing, the TRO lapses and the court official must decide whether to issue the preliminary injunction, which will remain in effect until the full trial is complete. However, the process may not take place for several weeks, months or even years. At the end of the trial, the final decision of the court is considered final.
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