Civil Procedure · procedure
A Temporary Restraining Order is an emergency judicial remedy that restricts a party from taking certain actions for a limited period. It is typically sought to prevent immediate and irreparable harm before a full hearing can be held.
The applicant must demonstrate that there is an imminent threat of harm that necessitates immediate intervention.
What to prove: The applicant must provide evidence indicating that without the TRO, they will suffer irreparable harm.
The applicant must show that they are likely to prevail in the underlying legal claims.
What to prove: The applicant must present a prima facie case that supports their claims and demonstrates a substantial likelihood of success.
The court must consider whether the balance of harm favors the applicant over the party being restrained.
What to prove: The applicant needs to show that the harm they will suffer without the TRO outweighs any harm to the opposing party if the order is granted.
The court assesses whether granting the TRO serves the public interest.
What to prove: The applicant must outline how granting the TRO would align with broader public interests or protect the community.
The burden of proof is on the applicant, who must establish the above elements by a preponderance of the evidence.
Temporary Restraining Orders often appear in exam questions focused on equitable remedies; focus on the elements and the balancing tests required for issuance.