Also known as: restraining orders · TRO · temporary restraining order
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A judicial command that bars a specified person from harassing, threatening, or contacting another individual. The order is granted when immediate danger of abuse exists and is commonly issued ex parte upon an affidavit showing irreparable injury would otherwise result.
A judicial command that bars a specified person from harassing, threatening, or contacting another individual. The order is granted when immediate danger of abuse exists and is commonly issued ex parte upon an affidavit showing irreparable injury would otherwise result.
Select any source to read its text and confirm it supports the definition.
An interlocutory directive issued by a court that prohibits a party from taking certain actions until a hearing can be held or final judgment entered. The order supplies extraordinary relief when prompt judicial action is required to preserve the status quo or enforce statutory rights.
Select any source to read its text and confirm it supports the definition.
An interlocutory directive issued by a court that prohibits a party from taking certain actions until a hearing can be held or final judgment entered. The order supplies extraordinary relief when prompt judicial action is required to preserve the status quo or enforce statutory rights.
Each sense below has its own examples, sources, and questions.
Roberto Reyes obtained a restraining order directing his estranged wife to stay away from their children. When she took the children anyway, he repeatedly notified the police. The officers declined to enforce the order, and the children were later killed. Reyes sued the town, claiming the officers' inaction violated his due process rights.
A court may issue the order ex parte only upon an affidavit or other evidence showing that irreparable injury will result to the moving party before the opposing party can respond. The moving party must demonstrate immediate danger that justifies bypassing notice.
Supporting sources
A restraining order does not automatically create an enforceable entitlement to police protection. Whether enforcement is mandatory depends on the specific language of the statute or order creating the obligation.
Supporting sources
Rebecca Ross, a limited partner in Riverside Healthcare, filed a derivative action alleging mismanagement by the general partner. The partnership responded by appointing a special litigation committee. The court granted the partnership's request for a temporary restraining order halting further discovery while the committee completed its investigation.
The government sought to stop the New York Times from printing classified documents. Rosa Ruiz, the newspaper's attorney, argued that any order preventing publication would violate the First Amendment. The court refused to issue the restraining order because the government failed to prove that publication would inevitably cause direct and immediate harm to national security.
The state sued the NAACP for failing to register as a foreign corporation and obtained an ex parte restraining order barring all further activities within the state. Roger Ramirez, the organization's local counsel, moved to dissolve the order on First Amendment grounds. The court later required production of membership lists, prompting a constitutional challenge to the restraint.
After the athletic association placed a high school team on probation, parents and wrestlers sought a restraining order in state court. Roland Rhodes, the coach, testified at the hearing that the association had denied due process. The court issued the order overturning the probation, allowing the team to compete in the state tournament.
CompuServe received thousands of unsolicited commercial emails from Cyber Promotions. Rita Russell, CompuServe's in-house counsel, filed suit and requested a temporary restraining order to halt the transmissions. The court issued the order after finding that the volume of messages constituted a trespass to chattels that threatened the service's operations.
A response may be filed within twenty days after service of notice or at the time specified in the temporary restraining order itself. The order remains in effect until the court holds a hearing on a preliminary injunction or dissolves the restraint.
Supporting sources
…petitioner from obtaining a hearing on the merits of the underlying ouster action, or from taking any steps to dissolve the temporary restraining order which had been issued ex parte, until it purged itself of contempt. But cf. Harrison v. St. Louis & S. F. R. Co. , 232 U. S. 318; Hovey v. Elliott , 167 U. S. 409. The State Supreme…