What is a motion for a temporary restraining order?

A motion for temporary restraining order (TRO) is a civil remedy used in Delaware state courts. A TRO is issued in emergency situations when one party needs immediate protection from another party in order to prevent irreparable harm. For instance, a party may need protection from imminent physical harm or financial loss. A party seeking a TRO must file a motion, which includes a sworn affidavit or declaration, in the appropriate court. The motion must describe the facts that support the claim for immediate relief and why the party needs protection. The motion must also explain why a TRO is the only remedy available in the circumstances. If the court believes that the party seeking the TRO has presented adequate evidence, it will issue the TRO. Once a TRO is issued, it is valid for a specified period of time. During this period, the parties are prohibited from certain actions related to the dispute in order to protect the party who requested the TRO. In some cases, the court may also grant a preliminary injunction, which is a longer-term court order that relies on the same evidence as a TRO. The court will then hold a hearing within the time period of the TRO, in order to determine if permanent relief is warranted. At this hearing, the party who requested the TRO must present evidence to support their claim for permanent relief.

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