Temporary Restraining Order (TRO)

What It Is

A temporary restraining order (TRO) is an emergency, short-term court order that preserves the status quo until the court can hold a full hearing. In § 1983 cases, you might seek a TRO to stop ongoing unconstitutional conduct — like continued harassment, an imminent unlawful eviction, or destruction of evidence.

A TRO is the fastest form of injunctive relief. Unlike a preliminary injunction, a TRO can sometimes be granted without the other side being present (called “ex parte”), though courts strongly prefer giving notice.

How Long Does It Last?

Under Federal Rule of Civil Procedure 65(b), a TRO lasts no more than 14 days, though the court can extend it for another 14 days for good cause. After that, it must either convert into a preliminary injunction (after a hearing with both sides) or expire.

What You Must Show

To get a TRO, you generally must demonstrate the same four factors as a preliminary injunction:

1. Likelihood of success on the merits — You’ll probably win your § 1983 claim
2. Irreparable harm — You’ll suffer harm that money can’t fix if the court doesn’t act now
3. Balance of equities — The harm to you outweighs the burden on the defendant
4. Public interest — The order serves the public interest

The emphasis in a TRO is on urgency. You need to convince the court that waiting even a few weeks for a preliminary injunction hearing would cause serious, irreparable damage.

How to Request One

1. File a complaint — You need an active case (your § 1983 lawsuit)
2. File a motion for TRO — Explain the emergency and why you can’t wait
3. Submit a declaration or affidavit — Provide sworn facts supporting your claims
4. Propose an order — Draft the specific order you want the court to issue
5. Give notice — You must attempt to notify the other side. Ex parte TROs (no notice) require showing why notice is impossible or would defeat the purpose.

Common § 1983 Scenarios

• Police are threatening imminent retaliation for exercising First Amendment rights
• Jail or prison conditions pose an immediate danger to your health or life
• Evidence is being destroyed that you need for your case
• An unconstitutional policy is about to be enforced against you

Practical Tips

• Courts grant TROs rarely — you need a genuine emergency
• Be as specific as possible about what you want the court to order
• A TRO is temporary — start preparing for your preliminary injunction hearing immediately
• If you’re pro se, the court may cut you some slack on procedure, but you still need to meet the legal standard

Key Rule

• Federal Rule of Civil Procedure 65(b) — Governs TROs in federal court