What is the difference between a temporary restraining order, preliminary injunction, and permanent injunction?

The two different types of restraining orders are temporary and preliminary injunction. The difference between a temporary restraining order and a preliminary injunction is that a temporary order is typically issued in circumstances where immediate action is called for, while a preliminary injunction is issued only after the other side has been given an opportunity to reply and be heard. Use our free legal guide below to learn more.

UPDATED: Jul 15, 2021

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UPDATED: Jul 15, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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asdfIt’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 15, 2021

Advertiser Disclosure

asdfIt’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2021Fact Checked

A temporary restraining order is typically issued in circumstances where immediate action is called for. Courts often issue “TRO’s” based on affidavits from a person whose interests are about to be harmed. For example, if you people with chainsaws are about to cut down your trees, the court would be in a hurry to act ,sometimes before giving the other side a chance to reply.

A preliminary injunction is usually issued only after the other side has been given an opportunity to reply and be heard, and has either consented to maintain the status quo or not made a sufficient showing to defeat the plaintiff’s claims. A permanent injunction is typically issued after a full trial of the merits, or on the consent or default of the other side.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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