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Remedies • Tort - Equitable Remedies
REM#023
Legal Definition
A TRO is a short-term, pre-trial, temporary injunction. They may be issued pending a hearing to determine whether a preliminary injunction should issue. For a TRO to issue, there must be (1) threat of irreparable injury, (2) balancing of the hardships favoring the plaintiff, (3) the plaintiff's likelihood of success at trial, and (4) immediate injury.
TRO determinations may be made ex parte, meaning notice and an adversarial proceeding are not required, although if there is an opportunity to notify the defendant, the plaintiff must make an effort to notify in good faith.
TROs are limited to 14 days in federal court, during which time the court must hold a temporary injunction hearing.
TRO determinations may be made ex parte, meaning notice and an adversarial proceeding are not required, although if there is an opportunity to notify the defendant, the plaintiff must make an effort to notify in good faith.
TROs are limited to 14 days in federal court, during which time the court must hold a temporary injunction hearing.
Plain English Explanation
A temporary restraining order (TRO) is like a quick "pause button" in legal situations. It's a short-term order from a court that stops someone from doing something harmful until the court can have a more detailed look at the situation. To get a TRO, you need to show:
(1) There's a risk of serious harm that can't be fixed later.
(2) The harm to you is greater than the inconvenience to the other person.
(3) You're likely to win if the case goes to trial.
(4) The harm is about to happen right now.
You can get a TRO even if the other person isn't told about it, but if you can tell them, you should try. In federal courts, a TRO lasts for 14 days. During that time, the court will have a hearing to decide if the order should continue.
(1) There's a risk of serious harm that can't be fixed later.
(2) The harm to you is greater than the inconvenience to the other person.
(3) You're likely to win if the case goes to trial.
(4) The harm is about to happen right now.
You can get a TRO even if the other person isn't told about it, but if you can tell them, you should try. In federal courts, a TRO lasts for 14 days. During that time, the court will have a hearing to decide if the order should continue.
Hypothetical
Hypo 1: Bob is planning to demolish a treehouse that Sam built in his yard, claiming it's on his property. Sam has evidence that the land actually belongs to him and that the treehouse has sentimental value. Sam fears that once the treehouse is destroyed, it can't be rebuilt the same way. Sam sues Bob. Result: A court will likely award Sam a TRO to stop Bob from demolishing the treehouse until the court can decide who the land belongs to.
Hypo 2: Bob and Sam are neighbors. Bob is planning to paint his house neon green. Sam doesn't like the color and thinks it will decrease the value of his own house. Sam wants to get a TRO to stop Bob from painting his house neon green until a court can decide if Bob should be allowed to paint his house that color. Result: The court would likely not grant a TRO in this situation. While Sam might be upset about the color choice, there's no immediate and irreparable injury to him. The balancing of hardships doesn't necessarily favor Sam, as Bob has the right to paint his house as he wishes. Additionally, the potential decrease in property value is speculative and not immediate. The situation doesn't meet the criteria for a TRO.
Hypo 2: Bob and Sam are neighbors. Bob is planning to paint his house neon green. Sam doesn't like the color and thinks it will decrease the value of his own house. Sam wants to get a TRO to stop Bob from painting his house neon green until a court can decide if Bob should be allowed to paint his house that color. Result: The court would likely not grant a TRO in this situation. While Sam might be upset about the color choice, there's no immediate and irreparable injury to him. The balancing of hardships doesn't necessarily favor Sam, as Bob has the right to paint his house as he wishes. Additionally, the potential decrease in property value is speculative and not immediate. The situation doesn't meet the criteria for a TRO.
Visual Aids
Related Concepts
What are equitable remedies in tort?
What are the defenses to a suit seeking injunctive relief?
What is a preliminary injunction and how is it issued?
What is contempt?
What is the collateral bar rule?
What parties are bound by an injunction?
When assessing a permanent injunction, how do courts balance hardships?
When assessing defenses to a lawsuit seeking injunctive relief, when are unclean hands applicable?
When assessing defenses to a lawsuit seeking injunctive relief, when is impossibility applicable?
When assessing defenses to a lawsuit seeking injunctive relief, when is laches applicable?
When deciding on a permanent injunction, when may ejectment be inadequate?
When deciding on applying a permanent injunction, when may money damages be inadequate?
When may replevin be inadequate as a remedy and, instead, a court will opt for a permanent injunction?
When will a court issue a permanent injunction?
