The Common Law

A temporary restraining order is an order from the court that requires a person or entity to refrain from particular acts that would cause immediate and irreparable injury, loss, or damage. By prohibiting specific acts, the court essentially places a temporary freeze on any potentially undesirable activity until it has an opportunity to evaluate the situation in more detail.

TRO's are often issued after an "ex parte appearance" (an appearance in court by one party without the other party being present), where the absent party had no notice of the hearing. In order to be effective, the TRO must be served on the person or entity being restrained by the court.

The TRO is good for 14 days (with the possibility of a 14-day extension). Typically, a hearing is scheduled during those 14 days so that a judge can hear from both parties and determine whether there is sufficient cause to turn the TRO into a temporary injunction, which would then remain in effect until the final hearing on the merits of the case.

TRO's are used in a variety of contexts. A TRO may be used in a commercial-business dispute to prevent one company from taking an action that could be adverse to another company. TRO's are also common in the context of family law. For example, a TRO may restrain a husband or wife from giving away the couple's property while their divorce is pending.

A protective order is also a civil court order that is signed by a judge, which can prohibit certain activity. Protective orders, however, are more commonly used to guard against physical abuse and domestic violence. Many protective orders are designed to order another person to stay away or to stop communicating or harassing another person. A protective order can have both civil and criminal consequences – someone who violates a protective order may be arrested. Read next week's column for more information on protective orders.