Requesting a Temporary Restraining Order
Some civil litigation situations require immediate response and assistance for personal and property protection while waiting for the trial. Getting a Temporary Restraining Order (TRO) and/or Preliminary Injunction are ways to specify that protection is needed. When you need a TRO and/or a preliminary injunction to be issued, there is usually an imminent threat of danger and there is no time to waste.
The problem with civil litigation in North Carolina is the length of the process. Even the most routine types of cases can take up to 2 years or longer to get to trial. Regardless of the urgency an issue may be to the litigants, the process has to play out when a trial is set.
Rule 65 of the North Carolina Rules of Civil Procedure makes it possible for litigants to seek rapid court action via temporary restraining orders and preliminary injunctions, sometimes referred to as injunctive relief.
Because temporary restraining order laws are sometimes complicated, it is a good idea to consult with an experienced attorney. To be successful in taking advantage of the protections injunctive relief provides, you need an experienced Wake Forest civil litigation attorney. There are very specific procedures that need to be followed and the paperwork involved must be precisely drafted. At The Doyle Law Offices, P.A., we have over 25 years of civil litigation experience in Wake Forest, Cary, Raleigh, and throughout the Wake County area. We can help you understand the options that are available for your situation.
Temporary Restraining Orders
A temporary restraining order (TRO) can be very valuable to protect the rights of litigants in an emergency situation. A TRO is a court order that is meant to protect a specific individual. Judges issue TROs to instruct people on specific things that could endanger the protected person. For example, a restraining order is meant to prevent instances of continued or threatened stalking, harassing, destroying personal property, and domestic violence.
These orders are short-term, pre-trial temporary injunctions. A TRO will expire after 14 days unless it is extended for another 14 days, or unless the party against whom the order is directed consents that it may be extended for a longer period of time.
A preliminary injunction is granted either before or during the trial to maintain the status quo before a court passes its final judgment. When a temporary restraining order has been issued, the court then sets a hearing within 10 days so that both parties of the dispute, and their attorneys, can be notified. At the hearing, both sides argue whether or not the temporary restraining order should be maintained or dissolved.
The initiating party (known as the “movant”) seeks a preliminary injunction by presenting to the court that the wrongful actions would continue to cause irreparable harm if allowed to resume. If the court agrees with the movant, a preliminary injunction is issued that maintains the court order (TRO) to stop the other side’s wrongful conduct until the entire case is tried and the final decision is reached.