A temporary restraining order, or TRO, is an emergency court order that stops a party from doing something for a short time, sometimes before that party is heard. A temporary injunction keeps similar protection in place until trial, and a permanent injunction is part of the final judgment. In business disputes, these orders are used to stop the misuse of trade secrets, breaches of non-competes, the diversion of company funds or customers, and other harm that money can't repair later.
We seek and oppose these orders for businesses and owners in Texas state and federal courts. Many end with an agreed order or a settlement well before trial, though no outcome is assured.
Short emergency orders a court can grant before the other side is heard.
Orders granted after notice and a hearing that preserve the status quo until trial.
Orders entered in the final judgment after the case is decided.
Challenging the evidence, the scope of the order and the bond, or negotiating an agreed order.
In Texas state court, the Texas Rules of Civil Procedure govern injunctions. The applicant files a sworn petition and, in general terms, must show a cause of action against the other side, a probable right to the relief it seeks, and probable, imminent and irreparable harm before trial. Harm is irreparable when money damages can't adequately make up for it or can't be measured, which means there is no adequate remedy at law. The order must describe the restrained conduct specifically, and the applicant must post a bond set by the judge.
A temporary injunction requires notice and an evidentiary hearing, and the order must set the case for trial on the merits. Rulings on temporary injunctions can be appealed right away under Texas law, but that appeal doesn't automatically stop the trial from starting. In federal court, the Federal Rules of Civil Procedure likewise limit how long a TRO granted without notice can last, and the court also weighs the balance of hardships and the public interest.
A response can show that the harm is speculative or already over, that damages would fully compensate the applicant, that the requested order reaches further than the claim, or that the bond is too low. An agreed order that limits the disputed conduct while the business keeps operating can spare both sides an early evidentiary hearing. Injunctions come up often in trade secret litigation, non-compete disputes and partnership disputes.
A verified petition and affidavits show why the harm can't wait.
The judge decides whether to grant a TRO and, if so, sets the bond and the injunction hearing.
Both sides present evidence, and the court decides whether an order stays in place.
The ruling can be appealed right away, and the case moves toward trial.
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Ask a QuestionNot long. A TRO granted without notice expires after a short period the rules allow, though the court can extend it once for good cause, and any further extension must be unopposed. Every TRO must also set a date for the hearing on whether a temporary injunction should take its place.
The party asking for a TRO or temporary injunction posts a bond in an amount the judge sets. If the order is later dissolved, the restrained party can seek its damages and costs from that bond, which is why the bond amount is often contested.
Yes. Texas law allows an immediate, accelerated appeal from an order granting or denying a temporary injunction, and the notice of appeal is due a short time after the order is signed. The statute does not cover TROs.
Comply right away. The order binds the company and, once they have actual notice of it, its officers, employees and agents, and a violation can be punished as contempt of court. A TRO granted without notice can be challenged on short notice, so the response should start immediately.
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