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Civil litigation

temporary restraining order (TRO)

A temporary restraining order (TRO) is a court order requiring the parties to whom it is addressed not to engage in certain activity, or to continue to engage in certain activity, and is usually designed to maintain the current state of things (the status quo) until the court has the opportunity to hear a more complete presentation of the evidence—usually during an application for a temporary injunction that will remain in place while the lawsuit is pending.

In Montana, a temporary restraining order (TRO) is a legal measure used to provide immediate but short-term protection to individuals or entities by ordering another party to cease a harmful activity or to maintain the status quo. The purpose of a TRO is to prevent irreparable harm or to preserve the subject matter of the litigation before the court can hold a more comprehensive hearing. TROs are often used in situations involving domestic violence, harassment, or disputes that may result in significant damage if not addressed promptly. To obtain a TRO in Montana, the requesting party must file a motion with the court, often accompanied by a sworn affidavit detailing the need for such an order. The court may issue a TRO without notice to the opposing party if it deems that immediate harm may occur. The TRO is typically in effect for a limited period, usually not exceeding 20 days, until the court can schedule a hearing for a preliminary injunction, which may last for the duration of the lawsuit if granted.

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Civil litigation

temporary restraining order (TRO)

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Civil litigation

temporary restraining order (TRO)

Articles