Litigation: Elements of a preliminary injunction and temporary restraining order (TRO)

Four elements must be met for a court to grant a preliminary injunction or a TRO

Time is money, and when litigation becomes a necessity, even if your client prevails in court, the damage done while the case slowly proceeds to a victory can be hard, or even impossible, to reverse. In many of these cases, the temporary restraining order or preliminary injunction are essential tools to reduce the harm. Both the TRO and the preliminary injunction are orders that force someone to do something or which prevent one from doing something.

There are a variety of cases where filing for a TRO or preliminary injunction can be appropriate. Such diverse cases as shareholder disputes (e.g., forcing or preventing a shareholder meeting); trademark, copyright or patent infringement (e.g., preventing the infringement); the leaking of trade secrets (stopping the leak or the use of trade secrets) and noncompete clauses (precluding an employee from working for a competitor in violation of a contract) are just some examples of cases where a preliminary injunction or TRO can prevent irreparable damage from occurring during the often-lengthy litigation process.

Contributing Author

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Thomas Patterson

Thomas E. Patterson started the Patterson Law Firm in 2000. He has 32 years of experience preparing and trying lawsuits for businesses, professionals and entrepreneurs—often...

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