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Temporary Restraining Order
A Temporary Restraining Order (TRO) is a short-term court order issued by a judge to either compel or prevent a party from taking a specific action for a limited period, typically before a full trial or hearing can take place. It is designed as an emergency measure to provide immediate relief and prevent irreparable harm that could occur if the action is not stopped right away.
Key characteristics of a TRO include:
- Purpose: To maintain the status quo and prevent harm until a more formal hearing on a preliminary injunction can be held.
- Duration: Usually lasts up to 14 days but can be extended for another 14 days or longer with consent or court approval.
- Issuance: Can be granted without notifying the opposing party or holding a hearing if the applicant shows immediate and irreparable injury and justifies why notice is not required.
- Common uses: TROs are often used in cases involving intellectual property disputes, harassment, or situations where urgent protection is needed, such as preventing contact between parties or stopping harmful actions.
To obtain a TRO, the requesting party must file a motion along with evidence (such as an affidavit) demonstrating the necessity of the order and the urgency of the situation.
In summary, a TRO is a temporary, emergency court order that prevents or requires certain actions to protect parties from immediate harm until a full hearing can determine longer-term relief.