Legal Definitions - TRO

A TRO stands for Temporary Restraining Order.

A Temporary Restraining Order (TRO) is an emergency court order issued by a judge to prevent immediate and irreparable harm. It is a very short-term measure, designed to maintain the status quo or stop a harmful action until a more complete hearing can be held. Because of its urgent nature, a judge can sometimes issue a TRO without the other party being present, though a full hearing involving both sides must typically follow very quickly.

Here are some examples illustrating how a Temporary Restraining Order might be used:

• Example 1: Preventing Asset Dissipation in a Business Dispute

  Imagine two business partners are in a heated dispute over the ownership and assets of their company. One partner discovers that the other is secretly attempting to transfer a significant portion of the company's liquid assets into a personal offshore account, which would make the funds virtually impossible to recover if the first partner wins the lawsuit. The first partner could immediately seek a TRO from a court. The TRO would order the second partner to halt any transfers of company funds and freeze the existing accounts, preventing the immediate and irreversible loss of assets until a full hearing can determine the rightful ownership and distribution.

• Example 2: Stopping the Destruction of Critical Evidence

  A homeowner discovers that a construction company they hired performed shoddy work, leading to severe structural damage. The homeowner plans to sue the company for negligence. However, they learn that the construction company is sending a crew to demolish the faulty structure the very next day, which would destroy all physical evidence of their poor workmanship. The homeowner could apply for a TRO to prevent the demolition. The TRO would legally compel the construction company to stop any demolition work, preserving the critical evidence until a court can properly inspect it and hear the case.

• Example 3: Protecting Intellectual Property from Immediate Theft

  A software development company discovers that a former employee, who recently resigned, is actively attempting to sell their proprietary source code and client list to a direct competitor. This action would cause immediate and significant financial damage and loss of competitive advantage. The company could seek a TRO to prevent the former employee from disclosing, selling, or using any of their intellectual property. The TRO would legally prohibit the former employee from taking these actions, safeguarding the company's valuable assets until a more comprehensive injunction hearing can be held.