temporary restraining order

temporary restraining order
temporary restraining order see order 3b

Merriam-Webster’s Dictionary of Law. . 1996.

temporary restraining order
An order issued by a court forbidding a party to take some action as a temporary measure to protect a plaintiff until a formal hearing on an injunction can take place.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

temporary restraining order
An order that tells one person to stop harassing or harming another, issued after the person being harassed appears before a judge or submits appropriate paperwork. A few days or weeks after the TRO is issued, the court holds a second hearing where the person being restrained can argue to the judge and the court can decide whether to make the TRO permanent by issuing an injunction. In domestic violence situations, the police tend to be more willing to intervene if there's a TRO in place and the abused spouse can show the other spouse is violating it.
Category: Divorce & Family Law → Divorce, Child Support & Custody

Nolo’s Plain-English Law Dictionary. . 2009.

temporary restraining order
Temporary Restraining Order (TRO)
A temporary injunction by which a court immediately orders a litigant to perform, or refrain from performing, a particular act pending the outcome of a motion for a preliminary injunction. Rule 65 of the Federal Rules of Civil Procedure (FRCP) expressly provides for TROs in federal civil litigation.
The standard for obtaining a TRO is the same as that for obtaining a preliminary injunction, namely the requesting party must show that:
• It has a substantial likelihood of success on the merits.
• It will suffer irreparable harm if the injunction is denied.
• The threatened injury outweighs the harm that the injunction may cause the opposing party.
• The injunction, if issued, will not adversely affect the public interest.
A request for a TRO may be made without notice to the adverse party only if:
• Specific facts show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition.
• The movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.
(FRCP 65(b)(1).)
A TRO is effective only for a limited time period (generally no more than 14 days) unless the court, for good cause, extends the time period or the adverse party consents to a longer extension (FRCP 65(b)(2)).
The court may grant a TRO only if the movant provides security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained (FRCP 65(c)).

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

temporary restraining order

Webster's New World Law Dictionary. . 2000.

temporary restraining order
A court order that lasts only until the court can hear further evidence.

Dictionary from West's Encyclopedia of American Law. 2005.

temporary restraining order
A court order that lasts only until the court can hear further evidence.
II () An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • temporary restraining order — A restraining order which in terms indicates or contemplates that a further hearing on the application is to be had before the application is finally acted on. State v Baker, 62 Neb 840, 847, 88 NW 124. See restraining order …   Ballentine's law dictionary

  • temporary restraining order — noun A restraining order which expires at a specified point in time. Syn: TRO …   Wiktionary

  • restraining order — see order 3b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. restraining order …   Law dictionary

  • restraining order — I. noun : a preliminary legal order sometimes issued to keep a situation unchanged pending decision upon an application for an injunction II. noun : a legal order issued against an individual to restrict or prohibit access or proximity to another …   Useful english dictionary

  • Restraining order — A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay… …   Wikipedia

  • Restraining order abuse — In the 1990s, increasing political attention to the problem of domestic violence against women resulted in many pieces of legislation designed primarily to protect women, such as the Violence Against Women Act.An unfortunate side effect of this… …   Wikipedia

  • restraining order — n. (Law) court order instructing a person not to do something (such as make contact with another person, prohibiting or restraining access or proximity with another person, enter or come close to the family home, take a child from the country etc …   English contemporary dictionary

  • restraining order — noun chiefly N. Amer. a temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contacting a specified person …   English new terms dictionary

  • Civil Harassment Restraining Order — A Civil Harassment Restraining Order (CHO) is a form of restraining order or order of protection used in the state of California. It is a legal intervention in which a person who is deemed to be harassing, threatening or stalking another person… …   Wikipedia

  • restraining order — Broadly, any injunction other than a mandatory injunction, In common legal usage, an order granted without notice to the adverse party, intended only as a restraint on him until the propriety of gr anting a temporary injunction can be determined …   Ballentine's law dictionary

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