DocketXDocketX / Glossary / temporary restraining order
Temporary Restraining Order
A temporary restraining order is a short-term court order that tells someone to stop doing something or to stay away from someone, issued quickly to prevent immediate harm before a full hearing can happen.
What it actually is
It is an emergency injunction issued without notice to the other side (ex parte) to preserve the status quo or prevent irreparable injury until a hearing for a preliminary injunction can be held. It appears early in a case, often before the opposing party has even been served, and lasts only a limited time set by the court.
Why it matters in your case
For someone in a case, it matters because it can immediately restrict your actions or protect you from harm without waiting for a trial. If you are the person subject to the order, violating it can lead to contempt of court, even if you believe the order was wrongly issued.
The common misunderstanding
The most common misunderstanding is that a temporary restraining order is the same as a permanent injunction or a protective order; in fact, it is a very short-lived, emergency measure that requires a follow-up hearing to become more permanent.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.