Motion for Temporary Restraining Order/Temporary Injunction in Virginia

Understanding the Purpose and Significance of a Motion for Temporary Restraining Order/Temporary Injunction

“A temporary injunction allows a court to preserve the status quo between the parties while litigation is ongoing.” (See May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367; Iron City Sav. Bank v. Isaacsen (1932) 158 Va. 609, 625, 164 S.E. 520.)

“In general, a court may not grant injunctive relief unless a party has shown that party would suffer irreparable harm without the injunction, and that the party has no adequate remedy at law.” (See Wright v. Castles (1986) 232 Va. 218, 224, 349 S.E.2d 125; May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367.)

“Unquestionably, [a]n injunction is an extraordinary remedy." (See D'Ambrosio v. D'Ambrosio (2005) 45 Va. App. 323, 341-42; Unit Owners Ass'n of BuildAmerica-1 v. Gillman (1982) 223 Va. 752, 770, 292 S.E.2d 378, 387.)

“Thus, [t]o secure an injunction, a party must show irreparable harm and the lack of an adequate remedy at law." (See D'Ambrosio v. D'Ambrosio (2005) 45 Va. App. 323, 341-42; Black White Cars v. Groome Transp., Inc. (1994) 247 Va. 426, 431, 442 S.E.2d 391, 395.)

“Also, an injunction must be specific in its terms, and it must define the exact extent of its operation so that there may be compliance." (See D'Ambrosio v. D'Ambrosio (2005) 45 Va. App. 323, 341-42; Unit Owners Ass'n of BuildAmerica-1 v. Gillman (1982) 223 Va. 752, 770, 292 S.E.2d 378, 387.)

“In other words, the injunction should set forth what is enjoined in a clear and certain manner and its meaning should not be left for speculation or conjecture." (See id.)

Procedural Steps Involved in Filing a Motion for Temporary Restraining Order/Temporary Injunction

Chapter 24 of the Code of Virginia subsections 8.01-620 – 8.01-634 governs injunctions.

“Every circuit court shall have jurisdiction to award injunctions, including cases involving violations of the Uniform Statewide Building Code, whether the judgment or proceeding enjoined be in or out of the circuit, or the party against whose proceedings the injunction be asked resides in or out of the circuit.” (See Va. Code § 8.01-620.)

“When any court authorized to award injunctions shall grant a temporary injunction, either with or without notice to the adverse party, such court shall prescribe in the injunction order the time during which such injunction shall be effective and at the expiration of that time such injunction shall stand dissolved unless, before the expiration thereof, it be enlarged.” (See Va. Code § 8.01-624.)

“Such injunction may be enlarged or a further injunction granted by the court in which the cause is pending or by the court to whom the bill is addressed in the event the cause be not matured, after reasonable notice to the adverse party, or to his attorney of record of the time and place of moving for the same.” (See id.)

“Any court wherein an injunction has been awarded may at any time when such injunction is in force dissolve the same after reasonable notice to the adverse party, or to his attorney of record, in which notice shall be set forth the grounds upon which such dissolution will be asked, unless such grounds be set forth in an answer previously filed in the case by the party giving such notice.” (See Va. Code § 8.01-625.)

Discretion of the Court in Deciding a Motion for Temporary Restraining Order/Temporary Injunction

“Granting or denying a temporary injunction is a discretionary act arising from a court’s equitable powers.” (See May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367; Manchester Cotton Mills v. Town of Manchester (1875).)

“Thus, we will not reverse the trial court's decision to grant or deny an injunction absent an abuse of discretion.” (See D'Ambrosio v. D'Ambrosio (2005) 45 Va. App. 323, 341-42.)

"No temporary injunction shall be awarded unless the court shall be satisfied of the plaintiff’s equity." (See May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367; Code § 8.01-628.)

“When evaluating a circuit court’s decision for abuse of discretion, this Court defers to the circuit court’s ruling and does not reverse merely because it would have come to a different result." (See May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367; Martin v. Lahti (2018) 295 Va. 77, 88, 809 S.E.2d 644.)

“The circuit court does not abuse its discretion if the court remains within its range of choice and is not influenced by any mistake of law." (See id.)

“However, [a] court abuses its discretion if ... its action or its decision was based on erroneous legal conclusions." (See May v. R.A. Yancey Lumber Corp. (2019) 822 S.E.2d 358, 367.)

Legal Precedents and Case Law on a Motion for Temporary Restraining Order/Temporary Injunction

It is well settled that “as an equitable remedy, [a]n injunction is a writ issued in a suit in equity whereby the plaintiff seeks to prohibit the defendant from doing an act ... or to mandate the defendant to perform a specified act." (See Suffolk City Sch. Bd. v. Wahlstrom (2023) 886 S.E.2d 244, 256; Kent Sinclair, Sinclair on Virginia Remedies sub. sec. 51.1[A] (5th ed. 2016).)

“This Court has long said that [t]o secure an injunction, a party must show irreparable harm and the lack of an adequate remedy at law.” (See Black & White Cars, Inc. v. Groome Transp., Inc., 247 Va. 426, 431, 442 S.E.2d 391, 395 (1994); Preferred Sys. Solutions, Inc. v. GP Consulting, LLC (2012) 732 S.E.2d 676, 686.)