North Carolina Bond on Temporary Restraining Order

State:
Multi-State
Control #:
US-01008
Format:
Word; 
Rich Text
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Description

This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

A temporary restraining order (often referred to as a ?TRO?) is just one of several emergency business litigation tools available to litigants facing imminent and irreparable harm to their businesses.

Clause 'h' of Section 41 reads thus:??(h) When enqually efficacious relief can certainly,...obtained by any other usual mode of proceeding except in case of breach of trust;?5. An injunction cannot be granted, if equally efficacious relief can certainly be obtained, by any... other usual mode of proceeding.

A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.

Victims of domestic abuse or violence living in North Carolina can file for a temporary restraining order during their family law case. This is known as an ?ex parte temporary protective order,? which is designed to protect the victim from further harm or harassment.

Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.

Injunctions. (a) Preliminary injunction; notice. ? No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration.

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

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North Carolina Bond on Temporary Restraining Order