Remedy of Temporary Restraining Order
A TEMPORARY RESTRAINING ORDER (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.
A TRO may be issued by a court only if
(1) it appears from specific facts shown in a signed, sworn AFFIDAVIT or complaint that immediate irreparable injury, loss, or damage will result to the applicant before the adverse party or the adverse party’s attorney can be heard in opposition; and
(2) the applicant’s attorney describes to the court in writing the efforts, if any, that have been made to give notice to the adverse party and gives reasons to support the claim that notice should not be required.
Temporary restraining orders are extraordinary measures because they are court orders issued against a party without notice to that party and without giving the party an opportunity to argue against the order.