What is a temporary restraining order in civil law?

A temporary restraining order (or “TRO”) in civil law is a court order that requires a person or organization to stop or refrain from doing certain activities. This order is generally given in situations where a person or organization is at risk of causing harm to another person or their property. In South Dakota, TROs are issued by a civil court judge when there is a possibility of an immediate and irreparable injury that could occur without the order being issued. The judge will usually review the evidence presented and decide if the facts show ‘likelihood of success’ and harm if the order is not issued. Once a TRO is granted, it can last up to 20 days, after which the court must hold a hearing to determine if a permanent restraining order is necessary. A temporary restraining order has the same legal weight as a permanent restraining order, and the conditions of the order must be obeyed until the court makes a final ruling. Violating a TRO carries various penalties depending on the specifics of the violation. Overall, a party seeking a TRO should be prepared to provide the court with sufficient evidence to prove that the other party is likely to cause harm without the court’s intervention. The process of applying for and obtaining a TRO is a serious matter and should be discussed with an experienced attorney to ensure the best outcome.

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