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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
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