JurisDraft

Litigation & Court Documents

How to Request a Temporary Restraining Order

A TRO can provide immediate protection before a full hearing — but courts only grant one when the harm truly can't wait.

5 min read

A temporary restraining order provides immediate, short-term relief — often without waiting for the other side to respond — when someone faces immediate and irreparable harm that can't wait for a normal hearing schedule.

The standard is genuinely high

Courts generally require showing a likelihood of success on the merits, immediate and irreparable harm, that the balance of hardships favors the request, and that granting it serves the public interest — all four, not just one.

Emergency (ex parte) requests need extra justification

Asking the court to act without notifying the other side first requires explaining specifically why advance notice would defeat the purpose of the order — courts take this seriously since it bypasses the other side's chance to respond.

A TRO is temporary by design

A TRO typically lasts only a short period before a hearing on a preliminary injunction, which requires a more complete showing with both sides represented — the TRO is meant to hold things steady, not resolve the dispute.

Be ready to post a bond

Courts often require the requesting party to post a bond covering potential damages if the order turns out to be wrongly granted — factor this into the request rather than being surprised by it at the hearing.

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Civil Litigation

Complaints, answers, and motions for civil litigation matters.