TROs

Temporary restraining orders, or TROs, are court-issued orders designed to prevent imminent harm while a full hearing can be held. They are short-term measures that typically prohibit a person from specific actions, such as contacting the petitioner, approaching the petitioner’s residence or workplace, or interfering with property. TROs are commonly used in domestic violence, harassment, or civil disputes, and can also arise in other contexts such as business or intellectual property disputes.

In many jurisdictions, TROs can be issued on an emergency basis without the respondent being present (an ex parte order) after the petitioner demonstrates an immediate risk of irreparable harm. To obtain a TRO, the petitioner files a sworn petition or affidavit describing the threat; the court may require notice to the respondent or may proceed without it, depending on local rules. TROs often require the posting of a bond or security to compensate the other party if the order is later found improper.

A TRO is intended to preserve the status quo until a hearing, which is usually scheduled soon after issuance. At that hearing, the court can convert the TRO into a preliminary injunction or dissolve it, based on the evidence and arguments presented. TROs have limited durations, typically lasting days to a few weeks, and may be extended only by subsequent orders.

Violating a TRO can carry serious consequences, including contempt of court, arrest, fines, or criminal charges. Critics note that the ex parte nature of TROs can raise concerns about abuse and fairness if not promptly followed by a full hearing. TROs differ from permanent restraining orders or injunctions, which require a longer-term remedy and a full evidentiary hearing.