Temporary Restraining Orders (TRO)

In Litigation & Lawsuits, Partnership Disputeby Larry DonahueLeave a Comment

A temporary restraining order (or “TRO”) is a court order that immediately controls or restricts the behavior of one or more parties, temporarily and usually in an emergency, until there’s time to actually have a hearing so the court can evaluate the evidence to determine whether the order should stay in place (usually called an injunction) or cancelled.

In order to successfully petition a court to issue a TRO, among other things, you must prove that money alone is not sufficient to compensate you for your damages. This most often occurs when the damage is permanent, unrepairable and impossible to quantify. Such an order, if granted, will be immediate and without input, defense or objection from the opposing party or their attorney. Because of this, it is considered an extraordinary measure that is granted only in extreme circumstances.

A TRO is never available simply because the “other party” won’t have money to pay your damages if you don’t get a TRO.
Furthermore, if damages are primarily monetary, you will almost assuredly not be able to obtain a TRO.

TRO’s may be granted in situations involving stalking, harassment, damage to property, unfair competition, and intellectual property infringement involving trademarks, copyrights and patents. TRO’s will usually not be issued for events causing a significant loss of revenue, unless such loss could eventually lead to bankruptcy.

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