What is a temporary restraining order in civil litigation?
A temporary restraining order (TRO) is a type of court order in civil litigation law that prohibits an individual from engaging in certain activities. In Hawaii, a TRO is a court order issued by a judge and is effective immediately when served on the individuals involved in the case. A TRO can be issued to prevent harm or injury to a person or property, to preserve the status quo of the parties while the case is pending, or to make sure a party complies with a provision in a contract. A TRO will normally be issued after a hearing, during which the judge will consider the legal issues of the case, the likelihood of potential harm, and the balance of hardship between the parties. The TRO will usually state when it expires, which is usually within a few days to several weeks. At the end of the time period, the court will then decide if the TRO should be extended, replaced with a different type of order, or removed altogether. A TRO does not permanently decide the matters of a case but instead acts as a temporary measure to preserve the status quo until the court can make a final determination in the case. Individuals should be aware that a violation of a TRO is a serious offense and can result in criminal sanctions. Therefore, it is important for those involved in civil litigation in Hawaii to comply with any TROs that have been issued.
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