TRO And Preliminary Injunction
Tuesday, May 5th, 2009The TRO (temporary restraining order) is often issued ex parte or without notice to the adverse party and without a formal hearing whereas a preliminary injunction (which requires a bond) is granted upon notice to the adverse party (Laureta, Commentaries and Jurisprudence on Injunction, 1989). Injunction relief is issued by the court to prevent a party from performing specific acts until such time that the court can get more information and hand down a decision on a pending dispute. The court, to preserve the current state of affairs and to prevent any permanent injury or damage to the requesting party, may grant this equitable remedy. If you fail to obey the injunction relief, you could be held liable for contempt of court. The TRO or preliminary inj unction may effectively forbid the debtor-defendant from disposing of his assets, except perhaps for limited withdrawals from his bank account and dispositions in the ordinary course of business.