Legal Definitions - Temporary restraining order

A Temporary Restraining Order (TRO) is an emergency court order issued to prevent immediate and irreparable harm from occurring. It is a short-term measure designed to maintain the status quo until the court can hold a more comprehensive hearing on whether to issue a longer-lasting preliminary injunction.

A judge may issue a TRO very quickly, sometimes without informing the other party or holding a formal hearing, if the requesting party can demonstrate that they will suffer severe and irreversible damage unless the order is put in place immediately. Because of its urgent nature, a TRO typically lasts for a very limited period, often around 14 days, though it can sometimes be extended for a similar short period or by agreement of the parties. Its primary goal is to act as a stop-gap, preventing a harmful action from taking place until the court has the opportunity to fully consider the arguments from all sides.

Here are some examples of situations where a Temporary Restraining Order might be issued:

• Preventing Disclosure of Trade Secrets:

  Imagine a highly skilled engineer resigns from a technology company and immediately announces plans to join a direct competitor. The former employer suspects the engineer possesses critical, proprietary trade secrets that, if disclosed to the competitor, would cause immense and irreversible financial damage. The company could seek a TRO to immediately prevent the engineer from starting work at the competitor or from disclosing any confidential information until a full hearing can determine the scope of the engineer's obligations and the potential harm.

  This illustrates a TRO because the company needs immediate protection against the potential disclosure of sensitive information before a full trial can take place, as the harm from disclosure would be difficult to undo.

• Halting Destruction of Property:

  A community group discovers that a developer plans to demolish a historic building that is pending official landmark status, with demolition scheduled to begin the very next day. The group believes the building holds significant cultural value and its destruction would be an irreparable loss to the community. They could petition the court for a TRO to immediately halt all demolition activities.

  This demonstrates a TRO's use in preventing irreversible physical harm. If the building were demolished, its historical value would be permanently lost, making immediate court intervention necessary to preserve it until a more thorough review of its status can occur.

• Stopping Publication of Sensitive Data:

  A healthcare provider discovers that a former employee has stolen a database containing highly sensitive patient medical records and intends to publish them online within hours. The publication of this data would violate patient privacy laws, cause severe emotional distress to individuals, and lead to significant legal and reputational damage for the provider. The healthcare provider could seek a TRO to immediately prevent the former employee from publishing the data.

  This example highlights the TRO's role in preventing immediate, widespread, and irreparable harm to individuals' privacy and an organization's integrity. The speed of the potential harm necessitates an immediate court order to prevent the data from becoming public before a full legal process can unfold.