Temporary Restraining Order

Written By Whitney Raque

In Tennessee, Temporary Restraining Orders (or in short referred to as “TRO”) are covered by Tennessee Rules of Civil Procedure Rule 65.

Here are some things to know:

1) Ex Parte TROs are allowed.

  • Ex Parte means without a hearing in front of the Judge and without notice to the opposing party if:

    • Immediate and irreparable harm will result before the opposing party can be heard;

    • The movant’s attorney certified efforts to give notice and why notice should not be required.

2) Limited Duration.

  • An Ex Parte TRO typically lasts no more than 15 days;

  • A TRO hearing must be had within the 15 day prior (otherwise it expires!) to determine whether a temporary injunction or restraining order should be issued.

3) Must Be Specific.

  • The TRO must state the specific conduct restrained, and

  • must describe in detail the reasons and terms.

4) Can Be Used in Family Law

  • Prevent one party from dissipating assets;

  • keep parties away from each other or the marital home;

  • Protect children or property

If you’re looking to draft or challenge a TRO, please give me a call 615-848-9090.

**THIS IS NOT LEGAL ADVICE. The information provided in the blog is for general informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. You should not act upon any information contained in this blog without seeking professional legal counsel. While we strive to ensure accuracy, we make no guarantees as to the completeness, reliability, or timeliness of the information presented.**

Whitney Raque
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