What is a motion for a temporary restraining order?
A motion for a temporary restraining order (TRO) is a type of legal action taken in Hawaii civil procedure. A TRO is a court order issued by a judge that requires a person to stop specific conduct, usually when the conduct is causing imminent harm and is likely to occur again. When someone files a motion for a TRO, they are asking the court to stop the harmful behavior before a full hearing can be held. The motion must include a detailed statement of why the TRO is necessary. The judge will then grant or deny the motion, depending on how convincing the motion is. The court’s decision to grant a TRO is tentative and will last for a limited period of time, usually no more than 20 days. During this time, the court will hold a hearing to determine whether the TRO should become a permanent injunction. If the court grants a permanent injunction, the TRO requires that the person must act within the scope of the order, and any violations can result in legal consequences. In Hawaii, anyone who has been threatened, assaulted, or harassed can request a TRO, as long as the person has a reasonable belief that they are in danger of suffering irreparable harm. The TRO can also be requested by companies or organizations that are victims of unfair business practices. Filing a motion for a TRO is an important step in protecting yourself and your interests.
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