What is the difference between a temporary restraining order, preliminary injunction, and permanent injunction?
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 people with chainsaws are about to cut down your trees, the court could 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 on the merits, or with the consent or default of the other side. When might a court refuse injunctive relief? Persons seeking injunctive relief typically have to show some sense of urgency in order for the court to act. If you were aware of circumstances for a while and did nothing about it, the court will be inclined to
