Sometimes people face serious danger that requires legal intervention immediately. Normally, a lawsuit or other court intervention requires following strict procedural rules and can take months or even years to provide a legal remedy. However, certain situations where a person faces an immediate risk of serious injury may allow for less formal requirements and immediate court intervention through an Ex Parte Temporary Restraining Order (TRO).What is an Ex Parte TRO and Why Are They Used? A restraining order is a type of judicial remedy granted
which is meant to prevent someone from doing something harmful in the future. Restraining orders are usually a temporary fix to a legal problem which should be resolved through a formal lawsuit, and violations of restraining orders are punishable by the contempt powers of the court. Under normal circumstances, a restraining order will not be granted before the restrained party can be heard by the court on the issue. An Ex Parte TRO is a restraining order that is meant to prevent someone from causing immediate and irreparable harm before they have an opportunity to be heard by the court. This means that in emergency situations, the court can grant a restraining order immediately, without the restrained party’s presence in court. Courts will issue an Ex Parte TRO when doing so may be the only way to protect someone, their family, or their property from credible and immediate threats of serious and permanent injury in the very near future. Because granting an Ex Parte TRO involves foregoing the restrained party’s constitutional right to be heard by the court, they are only used when there are sufficient facts alleging a permanent and irreparable injury. This means an Ex Parte TRO is usually the difference between life and death, keeping children safe, preventing a permanent or disabling bodily injury, or preventing the destruction of a property interest of significant value which cannot be adequately replaced through an award of monetary damages. An Ex Parte TRO is only enforceable for a maximum of 15 days. In short, only a true emergency will warrant the issue of an Ex Parte TRO and the order will only last for about 2 weeks. How Do I Get an Ex Parte TRO? The legal and procedural requirements for obtaining an Emergency TRO is governed by Tennessee Rule of
Civil Procedure 65. You can find this rule at the link here: https://www.tncourts.gov/rules/rules-civilprocedure/6503 The first step to getting an Ex Parte TRO is to file a petition with the court. The petition must include specific facts showing that the petitioner will suffer an immediate and irreparable injury, loss, or damage before the opposing party can be heard by the court and that some effort to give notice to the opposing party has been made but should not be required. The petition can be created and filed an individual alone, but it is best to
file a petition drafted by an attorney if possible. An experienced attorney will be best suited to writing the facts of your situation in a way that justifies an Ex Parte TRO under the law and the preferences of your jurisdiction. Next you will need to post a bond. The cost of bond is set at the discretion of the court and is an amount of money that is held by the court to cover any costs to a person who is wrongfully restrained by a TRO. It basically serves as insurance against false accusations and improper requests for restraining orders. Again, and individual can do this themselves, but an attorney can best help you prepare for the bond process. You may need to attend a hearing before a judge before a TRO is granted. In a hearing you may be asked sensitive questions about your situation. Situations warranting an Ex Parte TRO are already stressful, and an attorney can attend the hearing with you, help you handle the stress of being in court, and help the judge understand your situation. Once an Ex Parte TRO is granted by the court, an attorney can help you prepare for any other related legal proceedings. This normally includes formal lawsuits for permanent restraining orders or other injunctive relief, divorce, child custody, or other relief to deal with the underlying dangerous circumstances. A KLO attorney can help you decide which, if any, next steps are available to you. An attorney can also help you keep track of how long the TRO will remain effective and how to renew it if necessary. SPECIAL RULES FOR DOMESTIC CASES While Ex Parte TROs generally have strict requirements under Rule 65, as explained above, Tennessee Rule of Civil Procedure 65.07 gives courts flexibility to not enforce strict compliance with these requirements in domestic relations cases. Domestic relations cases are those involving family members, and typically include threats of violence between spouses, to include threats made regarding their children. You can find Rule 65.07 at the link here: https://www.tncourts.gov/rules/rules-civilprocedure/6507Different courts across Tennessee have applied this rule in different ways, and different judges apply their own interpretation of this rule in domestic relations cases. Due to inconsistent application of this rule, it is best to have an attorney’s assistance when filing for an Ex Parte TRO in a domestic relations case. An attorney will be familiar with the judge’s history in similar cases and be able to best help you bring your petition in a way that best suits the judge’s preferences. It is important to remember that Rule 65.07 does not give the court power to do away with all TRO requirements. The other party will still need to be notified of the order after it is issued, and you will still need to provide specific facts in your petition as to why the order is justified. However, it is important to note that the bond requirement is frequently waived by judges in domestic matters. Again, an attorney can help you meet these requirements quickly and effectively. If you are unable to seek attorney assistance prior to seeking an Ex Parte TRO, you can check with your local court clerk’s office, or the local Chancery Court’s website. If you or someone you know is facing imminent harm, it is important to act quickly to get the legal protection you need. This process may be frightening and, although you may be able to do it yourself, one of our attorneys can help guide you through the process and ensure your safety is maintained within the strict requirements of the law. Contact King Law Offices today (888)-748-KING (5464) for a consultation.
EX PARTE (EMERGENCY) TEMPORARY RESTRAINING ORDER – TENNESSEE
