Also known as: civil restraining orders · civil protective order · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive that temporarily prohibits a party from engaging in specified conduct to preserve the status quo. The directive requires a showing of immediate and irreparable injury and must satisfy detailed content and duration requirements when issued without notice.
Curtis Cannon filed an ex parte motion alleging that Caleb Chang would immediately divert partnership assets. The district court issued the order at 3 p.m. on a Friday but omitted the issuance time, any description of irreparable injury, and an expiration date. The order was not filed until the following Monday.
Charles Cunningham, a limited partner, sued to enforce information rights against Cedar Creek Farms. The partnership responded by appointing a special litigation committee and moved for a temporary restraining order to halt the derivative action pending the committee's report.
Select any source to read its text and confirm it supports the definition.
Cody Callahan obtained a temporary restraining order against Craig Caldwell to prevent transfer of disputed shares. The court required Callahan to post a $50,000 bond to cover any costs or damages if Caldwell were later found to have been wrongfully restrained.
Cassandra Cooper, acting for a membership organization, obtained a temporary restraining order preventing state officials from enforcing a subpoena for member lists. The order preserved the association's ability to operate while constitutional challenges proceeded.
Citadel Security sought a temporary restraining order to maintain existing reimbursement rates under a state program while litigating whether the rates violated federal funding conditions.
Crown Pharmaceuticals obtained a temporary restraining order barring a former student from distributing materials on school grounds that referenced the company's products.
The order must state the date and hour of issuance, describe the injury and why it is irreparable, explain why notice was not given, and be promptly filed. It expires within fourteen days unless extended for good cause shown on the record.
Supporting sources
The court may extend the order for good cause shown or with the adverse party's consent, but the reasons for any extension must be entered in the record.
Supporting sources
The movant must ordinarily post security in an amount the court deems proper to cover costs and damages if the restraint is later found wrongful. The United States and its agencies are exempt from this requirement.
Supporting sources
…steps to qualify itself to do business therein. Petitioner demurred to the allegations of the bill and moved to dissolve the restraining order. It contended that its activities did not subject it to the qualification requirements of the statute and that in any event what the State sought to accomplish by its suit would violate…