temporary restraining order


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Related to temporary restraining order: Preliminary injunction

temporary restraining order (TRO)

(Pronounce each of the letters,not as a word.) A court order issued upon application of someone claiming that a state of emergency exists,a defendant must be ordered to desist some action, or a defendant must be ordered to take some action, otherwise irreparable harm will result and the simple recovery of money damages afterward will not be adequate to compensate the plaintiff. Because of the unique nature of real estate and the protections historically granted to it,TROs are usually sought in order to stop developers from cutting trees, clearing land, building or destroying dams,or other such matters.

• The temporary restraining order is a type of injunction.

• Normally the application must be made under oath and must be accompanied by a bond in an amount set by the court. The bond is supposed to provide a fund out of which a defendant may be reimbursed if it later appears that the temporary restraining order was wrongful.

• The TRO may be issued without notice to the other side and without giving the other

side an opportunity to argue against it, if certain technical requirements are met. The

judge issuing the TRO must set the matter down for hearing on a preliminary injunction within a very short period of time, and notice of the hearing must be given to the other side. At that hearing, the judge will either grant the preliminary injunction or dissolve the TRO. If the judge grants the preliminary injunction, the matter will be set for trial regarding the propriety of a permanent injunction. A judge may determine that there is no emergency, dissolve the TRO, but still set the matter for trial regarding a permanent injunction or money damages.

References in periodicals archive ?
We are extremely pleased by this ruling, since the reversal of a temporary restraining order is an uncommon judicial event," said Thomas Chan, principal with Chan Law Group, which represents Lynns Concepts.
The temporary restraining order had required Northwest to continue to provide certain flight information relating to arrival and departure times and flight status to Sabre for use on its Travelocity website and elsewhere, and that order was dissolved at the close of today's hearing in Fort Worth as requested by Northwest.
Brown & Williamson said earlier this week that the company would ask the Jefferson Circuit Court to hold Wigand in contempt if he violates the temporary restraining order.
Koenig, an attorney with offices in Agoura Hills, California, claiming to represent IAAL, who refused to disclose his client's real identity, but stipulated to extend the Temporary Restraining Order.
A declaration by Land Resource Concepts President Darren Proulx, filed in support of the temporary restraining order, stated that Bolthouse spent $46,000 leveling and grading the property and has given notice that it intends to cancel its lease unless the situation is rectified,'' court records show.
The court granted Hampton's request, issued the temporary restraining order and set a hearing date of October 7 to hear evidence and determine whether a temporary injunction will be granted.
In addition to the complaint, Winternals also asked the court to issue a temporary restraining order against the defendants stopping Geek Squad from using its software.
LOS ANGELES - A Superior Court judge Friday issued a temporary restraining order preventing the shutdown of the Santa Clarita Metrolink station, but allowed the property owner to terminate Santa Clarita's lease.
has won a temporary restraining order protecting its trade secrets from being used by a competitor seeking to slow Venture's inroads into mainland China's huge lighting market.
Carney, Federal District Judge, granted Paul Frank Industries a temporary restraining order, preventing Paul Sunich from using the Paul Frank(R) trademark or tradename:
Santa Barbara Superior Court Judge Thomas Anderle rejected the groups' pleas for a temporary restraining order to block construction of a construction road across the environmentally sensitive San Francisquito Creek.
District Court, Billings, Montana, to refrain from accepting "retirement cds" from Florida residents or conducting any business related to the "retirement cd" with Florida residents, as part of his ruling on a motion for temporary restraining order heard on August 5, 1994.

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