What Is a TRO? Temporary Restraining Orders Explained

A TRO, or temporary restraining order, is a short-term court order that tells someone to do or stop doing something until the court can hold a full hearing. It's meant for emergencies, when waiting for a regular hearing would cause harm that can't be undone. In federal court, a TRO issued without notice to the other side lasts no more than 14 days unless the court extends it for good cause (Federal Rule of Civil Procedure 65(b)(2)).

Order	When it's made	How long it lasts	Notice to the other side
Temporary restraining order	In an emergency, sometimes the same day	Short: up to 14 days in federal court without notice, unless extended	Sometimes none
Preliminary injunction	After a hearing with both sides	Until the case is decided	Required
Permanent injunction	After the case is decided	As long as the judgment says	Required
Domestic violence protective order, temporary	Often the same day, based on the petitioner's statement	Until a full hearing set by state law, usually soon	Usually after it's issued
Domestic violence protective order, final	After a hearing	A set period or longer under state law	Required

State courts have their own rules and names, and family violence orders follow separate statutes in each state.

What a federal court needs to issue one without notice

Under Rule 65(b)(1), a federal court can issue a TRO without notice to the other side only if:

1. specific facts in a sworn statement or verified complaint clearly show immediate and irreparable injury, loss or damage before the other side can be heard; and
2. the lawyer for the person asking certifies in writing what was done to give notice and why notice shouldn't be required.

The order expires at the time the court sets, not more than 14 days, unless the court extends it once for a like period for good cause, or the other side agrees to a longer one. The reasons for an extension must be put on the record. We checked Rule 65 on November 7, 2026.

Checklist: what goes into a request

• What exactly you want the court to order, in plain terms.
• The facts, with dates, in a sworn statement.
• Why the harm can't wait for a regular hearing, and why money later wouldn't fix it.
• What you did to notify the other side, or why you couldn't.
• In many civil cases, a bond or security to cover the other side's losses if the order turns out to be wrong (Rule 65(c)).

If a TRO is served on you

Read it right away. It's a court order, and violating it can lead to contempt of court, and for protective orders, arrest. It will list:

• what you can't do, such as contact someone, go to a place or move money;
• the date and time of the hearing, where you can tell your side;
• how long it lasts.

Bring documents and witnesses to the hearing. You can also ask the court to dissolve or modify the order before then; in federal court, a party can move to dissolve a TRO issued without notice on two days' notice, or less if the court sets it (Rule 65(b)(4)).

Questions to ask a lawyer

1. Is this a civil TRO or a protective order under a family violence law?
2. When is the hearing, and what do I need to prove or answer?
3. Does it affect my home, my children or firearms?
4. Can it be extended, and for how long?
5. Does it go on any public or criminal record?