Also known as: temporary restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A short-term judicial order that preserves the status quo by restraining a party from specified conduct until a hearing on a preliminary injunction can occur. The order requires a showing of irreparable injury and often dispenses with notice when that injury would occur before the opposing party can be heard. It expires automatically after a brief period unless extended by consent or court order.
Tonya Takahashi, a limited partner in Titan Industries, files a derivative suit alleging mismanagement by the general partner. The partnership moves for appointment of a special litigation committee and simultaneously seeks a TRO to halt further disputed transactions. The court grants the TRO to maintain the existing business operations while the committee investigates whether the claims serve the partnership's interests.
Tristan Thompson owns several parcels targeted for redevelopment under a state housing authority plan. He sues to enjoin the taking and requests a TRO to prevent demolition crews from entering the properties. The court issues the TRO after finding that immediate destruction would cause irreparable loss of unique structures before a full hearing on the public-use claim.
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Thomas Thompson, a Medicaid recipient, challenges a state regulation denying coverage for certain procedures. He moves for a TRO to require continued funding pending resolution of the constitutional challenge. The court grants the order, preserving the prior reimbursement practice so that patients can obtain services without immediate financial harm.
Trevor Tate faces imminent eviction from his apartment after a landlord obtains a writ of restitution. He files for a TRO alleging procedural defects in the summary proceeding. The court issues the order to prevent removal of his belongings until the due-process claims can be heard on an expedited schedule.
Tyrone Tran, a photographer, repeatedly approaches Tracy Torres at her residence and workplace. Torres obtains a TRO directing Tran to maintain a specified distance and cease certain surveillance tactics. The order takes effect immediately to stop the ongoing intrusion while the court schedules a hearing on a longer injunction.
True North Logistics seeks to recover equipment from a customer through ex parte replevin. The customer obtains a TRO halting the seizure on the ground that the state statute lacks adequate pre-deprivation notice. The court issues the order to maintain possession of the equipment until the constitutionality of the procedure is litigated.
The moving party must demonstrate that irreparable injury will result before the opposing party can be heard and must certify in writing the efforts made to give notice or the reasons notice should not be required.
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A TRO expires within fourteen days unless the restrained party consents to an extension or the court finds good cause to extend it for one additional period of like duration.
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Yes. The moving party must provide security in an amount determined by the court to cover costs and damages if the restraint is later found wrongful, although the United States and its agencies are exempt from this requirement.
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A TRO serves as a stop-gap to preserve the status quo only until the court can hold a hearing on a preliminary injunction. Once that hearing occurs, the TRO is dissolved or replaced by the longer-lasting preliminary injunction.
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…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…