Q: What is a TRO?
A: A TRO is a temporary restraining order that a court may quickly issue in a civil matter to prevent one party in a case from harming another party. For example, in a deceptive trade dispute where a business is accused of improperly using a competitor’s trade name, a court may order the accused business to stop using the disputed name until the court has had a chance to review the conflict. In a divorce case, when one spouse alleges that the other spouse might transfer marital assets to hide them, the court may issue a TRO ordering no property transfers without court approval. In a labor dispute, a court may issue a TRO permitting or limiting the number of picketers. Whatever the dispute, however, a court usually cannot police and enforce its orders. Therefore, a person who obtains a TRO should be vigilant and report any violations to the court. The court can sanction someone who violates a court order.

Q: How do I get a TRO?
A: You can get a TRO through a court that has jurisdiction over the parties and the dispute or subject, but most people hire an attorney, because obtaining a TRO or other injunctive relief is complicated. If you already have a case in court and you seek a restraining order relating to that case, you or your attorney will file a motion for a TRO or a motion for a preliminary injunction. With the motion, you must state the legal reasons—statutes and prior cases—to support your motion. If you are not yet in court, you must file a complaint in the appropriate court to try to get that court’s jurisdiction over the dispute and the parties involved. You could also file a request for various “writs” (court orders) instead of filing a complaint. Your attorney can advise you about the most appropriate way to get a TRO for your situation.

Q: What is jurisdiction?
A: Essentially, jurisdiction refers to the court’s authority to hear your case. Generally, jurisdiction can be divided into two parts: jurisdiction over the dispute or subject and jurisdiction over the parties involved. For instance, if you own a business you can seek a TRO to prevent a new competitor from using a trade name that you use in Ohio to describe your product. If, however, the dispute arises in another state, you may have to seek a TRO in the state where the dispute arose.

Q: What do I have to prove to obtain a TRO?
A: You have to prove certain elements to a court. A TRO is not automatic. First, you must prove you are in a court that has jurisdiction over the dispute as well as the people you hope to deter or stop. Then, you must generally prove to the court that your complaint has substantial merit, that you will suffer harm without a TRO, that the order you seek will not harm others, and that the TRO will serve the public interest. You may have to post a bond (deposit a sum of money) with the court to obtain a TRO or an injunction.

Q: What is the difference between a TRO and an injunction?
A: A TRO is a type of injunction. Other types include a preliminary injunction and a permanent injunction. The main difference between a TRO and other injunctions is that the court hears the arguments for the TRO ex parte, meaning the court hears the arguments of only the party seeking the TRO. Furthermore, the court must be satisfied with the reasons for not hearing both sides of the controversy. A court may grant preliminary injunctions and permanent injunctions after hearing all sides of a legal dispute. A preliminary injunction may be temporary or may expire after a specified time, but a permanent injunction lasts until it is dissolved by a court. A TRO usually lasts no more than fourteen days, though it may be extended or converted into a preliminary injunction.

Q: Who should I see if I need a TRO?
A: Although you can represent yourself without an attorney, seeking and obtaining a TRO can be complex, and you should see an attorney. Your local bar association can give you the names of local attorneys, and if you cannot afford to hire an attorney, the local bar association will suggest ways to help you. If someone in your family threatens you, you may seek a civil protective order (CPO), which is different from a TRO. In addition, your local prosecutor can seek protection for you at no cost if someone criminally threatens you.

11/10/2008

This “Law You Can Use” column provided was by the Ohio State Bar Association (OSBA). It was prepared by attorney Scott F. Sturges of McNamara and McNamara, L.L.P., Columbus. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem. For more information on a variety of legal topics, visit the OSBA’s Web site at www.ohiobar.org.