Temporary Restraining Order

A temporary restraining order (TRO) is a judge’s short-term order forbidding certain actions until a fuller hearing can be held. Per the federal courts’ glossary, it is akin to a preliminary injunction but lasts only briefly, and under Federal Rule of Civil Procedure 65(b) it expires within 14 days unless the court extends it. A TRO may issue without advance notice to the other side only if the movant shows immediate irreparable harm and certifies the efforts made to give notice.

Example: Under FRCP 65(b), a party who obtains a TRO without notice must have the motion and supporting papers served promptly, and the adverse party can then appear and move to dissolve the order within 2 days of service.

Common misconception: A TRO does not decide who wins the case. It only preserves the status quo temporarily; the merits are decided later, sometimes with a preliminary injunction after a hearing.

Sources: Temporary Restraining Order, Glossary of Legal Terms, United States Courts; Federal Rule of Civil Procedure 65, Cornell LII — https://www.law.cornell.edu/rules/frcp/rule_65 (non-.gov compilation of the federal rule)