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 protection by the court in situations where waiting for a full hearing could result in irreparable harm. The TRO is designed to prevent an action (like harassment or the disposal of property) or to require an action (such as staying a certain distance away from someone) to maintain the status quo until a more formal hearing can be held. To obtain a TRO in Montana, an individual must file a motion along with a sworn affidavit detailing the need for immediate protection. The court may issue a TRO without notifying the other party if it deems that notice would enable the adverse party to carry out the threatened harm. Typically, TROs are granted in cases involving domestic violence, stalking, or other urgent circumstances. The TRO remains in effect until the court holds a hearing for a preliminary injunction, which may last for the duration of the lawsuit if granted. Montana's laws governing TROs can be found in the Montana Code Annotated (MCA), and the specific procedures for obtaining a TRO may vary slightly by county.