Also known as: temporary restraining order · TRO · TROs · temporary injunction
Written by attorneys · grounded in primary & secondary sources — see below
A short-term judicial order that prohibits a party from taking specified actions until a hearing can be held on a request for a preliminary injunction. The order may issue without notice to the opposing party upon a showing that irreparable injury will otherwise result before the opposing party can be heard.
Timothy Tang, a limited partner in Topaz Mining, filed a derivative action alleging mismanagement by the general partner. The partnership appointed a special litigation committee to investigate. The court granted a temporary restraining order preventing the general partner from transferring partnership assets while the committee completed its review and the court decided whether to allow the suit to proceed.
Tara Tran, a tenant in a Hawai`i public housing project, challenged the state's plan to condemn and resell the land to private developers. She sought immediate relief to prevent her eviction before the constitutional challenge could be litigated. The court issued a temporary restraining order blocking the eviction pending a hearing on whether the takings satisfied the public-use requirement.
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Theo Thomas, a utility company executive, faced state enforcement of a rate order he claimed violated federal law. He sued the state attorney general in federal court for prospective relief. The court entered a temporary restraining order preventing the attorney general from initiating enforcement proceedings until the constitutional challenge could be resolved.
Tanya Tang, an online service provider, challenged provisions of a federal statute that criminalized certain transmissions to minors. Pending full briefing on the First Amendment claims, the district court issued a temporary restraining order barring the government from enforcing the challenged provisions against the provider's platform.
True North Logistics, a steel producer, faced a presidential order directing seizure of its mills during a labor dispute. The company sought immediate judicial intervention. The court granted a temporary restraining order halting the seizure until the parties could argue whether the executive action exceeded constitutional authority.
Theodore Tucker, a radio station owner, faced a defamation suit after broadcasting a report about a local crime. The plaintiff requested an order stopping further broadcasts. The court denied the temporary restraining order, finding that the requested relief would constitute an impermissible prior restraint on speech.
A court may issue the order without notice only if the moving affidavit or other evidence shows that irreparable injury will result to the moving party before the opposing party can be heard in opposition.
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The order remains in effect only until the court can hold a hearing on the request for a preliminary injunction, at which point the parties have an opportunity to present evidence and argument.
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The moving party must demonstrate a need for temporary maintenance or support or other relief listed in the statute and must show that irreparable injury will occur absent immediate relief.
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No. Commencement of a civil action for temporary relief does not affect the initiation or continuation of administrative proceedings under the governing statute.
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The lawyer must disclose all material facts known to the lawyer that will enable the tribunal to make an informed decision, including facts adverse to the client's position.
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…fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or…