Also known as: TRO · temporary restraining order · temporary restraining orders
Written by attorneys · grounded in primary & secondary sources — see below
An extraordinary form of preliminary injunctive relief issued by a court without full notice or hearing to prevent immediate and irreparable harm to the moving party pending further proceedings.
Thaddeus Tran, a limited partner in a real estate venture, filed a derivative action alleging mismanagement by the general partner. To stop the general partner from selling key assets before a special litigation committee could investigate, the court granted a T.R.O. under the uniform act authorizing extraordinary relief. The order preserved the partnership's holdings until the committee completed its review.
Tyrone Tran owned several parcels targeted for condemnation by the state housing authority. When the authority began demolition on one lot without completing compensation hearings, Tyrone sought a T.R.O. to maintain the status quo. The court issued the order to prevent irreversible loss of the property while federal abstention issues were resolved.
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Talia Torres obtained a permanent restraining order against her former spouse after repeated violations. When local police declined to arrest him for a new breach despite clear probable cause, Talia filed for a T.R.O. compelling enforcement. The order directed immediate compliance with the underlying protective order pending further administrative review.
Timothy Tang, a member of a civil rights organization, faced a subpoena demanding production of membership lists. To prevent immediate disclosure that would chill associational rights, the group obtained a T.R.O. halting enforcement of the subpoena. The order preserved confidentiality until constitutional challenges could be litigated.
Tiffany Torres, an employee passed over for promotion, sued her employer alleging race discrimination. After the employer announced plans to eliminate the position entirely, she moved for a T.R.O. to freeze the job pending resolution of her claims. The court issued the order to avoid irreparable loss of the employment opportunity.
Travis Tate, a minority shareholder in an auto manufacturer, challenged a decision to redirect profits away from dividends. Fearing dissipation of corporate assets before trial, he obtained a T.R.O. barring further distributions. The order maintained the financial status quo while the business judgment issues were examined.
A court may issue a T.R.O. without notice only upon a finding, based on affidavit or other evidence, that irreparable injury will result to the moving party before the opposing party can respond. The order must be narrowly tailored and followed promptly by a hearing.
A response may be filed within twenty days after service of notice of the motion or at the time specified in the temporary restraining order itself.
If a discriminatory housing practice has occurred or is about to occur, the court may grant a temporary restraining order along with actual and punitive damages and other appropriate affirmative relief.
Yes. When prompt judicial action is necessary, the Secretary may authorize a civil action for temporary or preliminary relief, and the Attorney General must promptly commence and maintain that action under the Federal Rules of Civil Procedure.
…had begun filing motions for summary judgment in the District Court — in September 1979. Whether issuance of the February temporary restraining order was a substantial federal court action or not, issuance of the June preliminary injunction certainly was. See Doran v. Salem Inn, Inc. , 422 U. S. 922, 929-931 (1975). A federal court…