New York Bond on Temporary Restraining Order
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FAQ
A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had.
A temporary restraining order (TRO) is a court order that preserves the status quo until the court can decide on a party's application for a preliminary injunction or permanent injunction. An injunction is a court order prohibiting a party from taking certain actions, or commanding a party to take certain actions.
New York City ex parte restraining orders or orders of protection are orders issued by a judge while the defendant is not present in court. Ex parte restraining orders can sometimes be the result of harassment offenses, stalking, assault, and sometimes even domestic violence offenses.
A party seeking a temporary restraining order must give reasonable notice of: (1) the date and time, and location where the order to show cause will be presented and (2) the relief being requested.
The penalty (amount) of the New York injunction bond is wholly within the discretion of the court but must be reasonable in consideration of the non-movant's anticipated liability if the preliminary injunction is later found to be improper.
In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party's favor. Doe v. Axelrod, 73 N.Y.
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.
