Temporary Restraint
Specify prohibited actions precisely, including locations, methods, channels, and any exceptions to avoid overbreadth and permit enforceable orders.
An Agreed TRO preserves the parties’ negotiated safeguards without immediate adversarial hearings, reduces urgent litigation cost, and gives the court a clear, mutually acceptable temporary framework while the matter proceeds.
The document is usually prepared by counsel and reviewed with clients before filing in court.
Courts generally require counsel or authorized parties to sign and represent that terms are agreed; service and filing must follow local rules.
A licensed attorney representing the plaintiff signs to confirm the plaintiff’s consent and authority. The attorney’s signature binds the party when the attorney is authorized in writing and the court accepts counsel’s representation.
The defendant or defendant’s counsel signs to indicate agreement to the temporary restraints. If signing counsel lacks authority, the court may require the individual party to sign or file a written authorization.
| Field | Configuration |
|---|---|
| Signing Method | Wet signature or ESIGN where courts permit |
| Authentication | Email plus SMS code for signer attribution |
| Notarization | In-person or RON if permitted by court |
| Filing Method | E-file or manual submission to clerk |
Use PDF or editable DOCX formats and a platform that preserves audit trails, timestamps, and signer authentication.
Court may enter order the same day as filing
Commonly 10–21 days until a preliminary hearing
Scheduled within the TRO period for longer relief
Serve all parties promptly after filing per local rules
If required, post bond or file proof before enforcement
Specify prohibited actions precisely, including locations, methods, channels, and any exceptions to avoid overbreadth and permit enforceable orders.
Identify each restrained party, any affiliated entities, and whether third parties acting in concert are covered to prevent circumvention.
State a clear effective date and an expiration or hearing date tied to the preliminary injunction timetable so courts and parties know the timeframe.
If the court requires, state the bond amount, where it will be posted, and timing for proof of payment to the clerk or registry.
Describe sanctions, contempt procedures, and whether law enforcement is authorized to act on the order for breaches.
Include a clause confirming counsel or parties jointly present the order for the court to enter, and note any reservations or limitations.
| Order Type | Agreed TRO | Ex Parte TRO |
|---|---|---|
| Notice Requirement | ||
| Typical Duration | short-term | short emergency |
| Basis | mutual agreement | court-finding of immediate harm |
| Hearing Required | yes for extension | usually yes promptly |
Two businesses agree to immediate restraints on solicitation
Landlord and tenant agree to stay-of-eviction while dispute proceeds
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | Yes, 7-day trial | Yes | Yes | Yes | Yes |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |