Also known as: temporary restraining orders · TRO · TROs
Written by attorneys · grounded in primary & secondary sources — see below
A court order that preserves the status quo until a hearing on a preliminary or permanent injunction can occur. It may issue without notice to the opposing party upon a showing that immediate and irreparable injury will result otherwise.
Tristan Thompson, a limited partner, files a derivative action against the general partner of Thunderbolt Motors LP alleging self-dealing. The partnership moves for appointment of a special litigation committee and simultaneously seeks a temporary restraining order halting further disputed transactions. The court grants the order to maintain the existing business operations pending the committee's investigation and a hearing on further relief.
Tyler Taylor operates an online platform and faces imminent enforcement of a new federal content regulation. He files suit and requests a temporary restraining order barring government officials from initiating prosecutions until the constitutional challenge is heard. The court issues the order after finding that enforcement would cause immediate and irreparable harm to his business operations.
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Thomas Thompson owns several parcels targeted by a state housing authority for redevelopment. After the authority begins condemnation actions, he seeks a temporary restraining order to halt the takings process. The court grants the order to preserve the status quo while the owners litigate whether the proposed transfers satisfy constitutional requirements.
Tidal Energy launches a hostile tender offer for TechVista Solutions. The target company sues the state official responsible for enforcing takeover statutes and requests a temporary restraining order preventing enforcement of those statutes against the offer. The court issues the order after determining that immediate enforcement would cause irreparable harm to the transaction.
Timothy Tang and other firefighters file suit attacking race-conscious promotions made under existing consent decrees. They move for a temporary restraining order blocking further promotions pending resolution of their collateral attack. The court denies the motion after determining that the plaintiffs failed to show immediate irreparable injury.
Tessa Takahashi and other voters challenge a state's oddly shaped congressional districts as unconstitutional racial gerrymanders. They seek a temporary restraining order halting the upcoming election under the new map. The court grants the order to maintain the prior district lines until a full hearing on the equal protection claims.
A court may issue a temporary restraining order without notice only when the moving papers clearly show that immediate and irreparable injury will result before the adverse party can be heard. The movant's attorney must also certify in writing the efforts made to give notice or the reasons why notice should not be required.
In federal practice a temporary restraining order expires by its own terms after a short period, usually no more than fourteen days, unless extended for good cause or converted into a preliminary injunction after notice and hearing.
The plaintiff must demonstrate a likelihood of irreparable harm, that the balance of equities favors relief, that the public interest supports the order, and often some probability of success on the merits. Courts treat the temporary restraining order as extraordinary relief available only upon a strong showing of necessity.
…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…