Some business disputes can't wait for a trial. A departing employee may be downloading the customer list, or a co-owner may be moving money out of company accounts. The first goal is to stop the harm now and sort out the merits later.
Texas law provides emergency tools for that purpose: the temporary restraining order (TRO) and the temporary injunction. Both are powerful, and both have strict requirements and short deadlines.
Three Kinds of Injunctive Relief
- Temporary restraining order. A short-term emergency order meant to preserve the status quo until the court can hold a full hearing. It can sometimes be obtained the same day the lawsuit is filed.
- Temporary injunction. An order issued after an evidentiary hearing that keeps the status quo in place until trial.
- Permanent injunction. Relief granted as part of the final judgment after trial.
What It Takes to Get a TRO
A verified petition and supporting evidence
Under Texas Rule of Civil Procedure 682, an injunction may be granted only on a verified petition that plainly states the grounds for relief. Chapter 65 of the Civil Practice and Remedies Code sets out the general grounds for injunctive relief (Section 65.011).
The core elements
The Texas Supreme Court has explained that an applicant for temporary relief generally must show:
- a cause of action against the defendant;
- a probable right to the relief sought; and
- a probable, imminent, and irreparable injury in the meantime.
See Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002). "Irreparable" generally means money damages can't adequately fix the harm or can't be measured by any certain standard.
Orders without notice
A TRO can be granted without notice to the other side, but only if specific facts shown by affidavit or verified petition make clear that immediate and irreparable injury will result before notice can be served and a hearing held (Rule 680). An order granted without notice must state the date and hour it was issued, define the injury, and explain why it is irreparable and why the order was granted without notice. Many courts expect the applicant to try to notify the other side before a TRO hearing, and local procedures vary by county and court.
A specific order and a bond
Under Rule 683, every restraining order must state the reasons it was issued, be specific in its terms, and describe the restrained acts in reasonable detail. It cannot simply refer to the petition. The order binds the parties, their officers, agents, servants, employees, and attorneys, and others in active concert with them who receive actual notice. Under Rule 684, the court must set a bond, and the applicant must file it before the TRO issues.
How Long Does a TRO Last in Texas?
Under Rule 680, a TRO granted without notice expires by its terms within the time the court sets, not to exceed 14 days. The court may extend it once, for good cause, for a like period. More than one extension is allowed only if unopposed, and the restrained party can consent to a longer extension.
When a TRO is granted without notice, the temporary injunction application must be set for hearing at the earliest possible date. If the party that obtained the TRO doesn't go forward at that hearing, the court must dissolve the order.
The Temporary Injunction Hearing
The temporary injunction hearing is an evidentiary hearing, sometimes described as a "mini-trial." Witnesses testify, documents are offered, and the court decides whether to keep restrictions in place until trial. Preparation is compressed into days, so both sides need to gather their witnesses and records quickly.
If granted, the temporary injunction order must set the case for trial on the merits (Rule 683). An order granting or denying a temporary injunction can be appealed immediately under Section 51.014(a)(4) of the Civil Practice and Remedies Code. A TRO generally can't be appealed in the same way.
Common Uses in Business Disputes
Texas businesses commonly seek injunctive relief to:
- stop actual or threatened misappropriation of trade secrets, which Section 134A.003 of the Texas Uniform Trade Secrets Act expressly allows a court to enjoin, though an injunction may not prohibit a person from using general knowledge, skill, and experience acquired during employment;
- prevent a co-owner or manager from removing funds, records, or property while an ownership dispute is pending;
- preserve documents and electronic data; and
- enforce contractual restrictions such as confidentiality or non-solicitation obligations, where the agreement and Texas law support it.
If Your Company Is Served With a TRO
Being served with a TRO is serious, but it is also temporary. Steps to take right away:
- Read the order carefully and comply. Violating a TRO can result in contempt, even if the order is later dissolved.
- Calendar the temporary injunction hearing and the TRO's expiration date.
- Preserve documents and data. Do not delete anything related to the dispute.
- Call counsel immediately. Under Rule 680, the restrained party may move to dissolve or modify a TRO granted without notice on two days' notice to the applicant, or on shorter notice if the court allows. Counsel can also evaluate the bond amount and the order's specificity.
- Start building your record for the temporary injunction hearing: witnesses, documents, and a clear explanation of why the claimed harm is not irreparable or why the order would cause your business greater harm.
Where the Case Is Heard
Injunction suits against Texas residents are generally tried in the county where the party is domiciled (Section 65.023), subject to exceptions. The Texas Business Court also has authority to issue injunctions in cases within its jurisdiction (Tex. Gov't Code § 25A.004).
How TMF & Associates Helps
TMF & Associates represents Texas businesses in commercial disputes, both when emergency relief is needed to protect the company and when a company has to respond to a TRO it didn't see coming. Our attorneys practice in all Texas state courts and in the U.S. District Courts for the Southern and Eastern Districts of Texas, and we prepare every hearing as if it were a trial. Learn more about our Business Law and Entity Formation practice.
Frequently Asked Questions
How long does a TRO last in Texas?
A TRO granted without notice may last no more than 14 days. It can be extended once for a like period for good cause, and further extensions are allowed only if unopposed or by consent.
What is a temporary injunction hearing?
It is an evidentiary hearing, held after notice, at which the court decides whether to keep restrictions in place until trial. Witnesses testify and documents are admitted.
How do I respond to a temporary restraining order?
Comply with it, preserve your records, and contact counsel right away. A TRO granted without notice can be challenged by a motion to dissolve or modify on two days' notice, and the temporary injunction hearing is your opportunity to present evidence.
Can a TRO be appealed in Texas?
Generally, no. An order granting or denying a temporary injunction can be appealed on an interlocutory basis under Section 51.014(a)(4), but TROs usually cannot be appealed the same way.
Talk With a Texas Business Litigation Attorney
If your company needs emergency relief, or has been served with a restraining order, call TMF & Associates at (281) 296-6500 or reach us through our contact page.
This article is for general information only and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship. Every matter depends on its own facts, and the law may change after publication. Consult a lawyer about your specific situation.