What is a motion for a temporary restraining order?

A motion for a temporary restraining order (TRO) is a court order that prohibits a person or entity from taking certain actions. It is issued by a court as a temporary, emergency measure when someone seeks to protect themselves from immediate and irreparable harm. In Idaho, a TRO can only be issued after an official hearing in which the petitioner (the person seeking the order) must present evidence of the harm they seek to prevent. The court will also consider the interests of both parties, the need for immediate relief, and the possible consequences of granting the order. The judge will then decide whether to grant the motion, which usually only lasts for a short period of time. In civil procedure, a TRO may be requested when a person believes their property, rights, or interests are in immediate and irreparable danger of being harmed. For example, if a tenant wishes to evict a tenant who has damaged their property, they may seek a TRO to prevent the tenant from causing further damage before the full eviction process is complete. If the TRO is granted, it will be served on the parties, and all the provisions of the order must be followed or there will be consequences. The party that had the TRO issued against them can also request a hearing to have it lifted, or the petitioner can choose to file for a more permanent court order.

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