Motion for Temporary Restraining Order/Temporary Injunction in Indiana

What Is a Motion for Temporary Restraining Order/Temporary Injunction?

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

“A temporary restraining order may be issued if the court finds on the basis of the moving party's affidavit that injury would result to the moving party if no immediate order were issued.” (See In re Marriage of Gore (1988) 527 N.E.2d 191, 198 n.6.)

“Trial Rule 65(B) provides that a TRO may be granted without notice to the adverse party only if (1) the affidavit or verified complaint aver that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition; and (2) the applicant's attorney certifies to the court in writing the efforts made to give notice and the reasons supporting the claim the notice should not be required.” (See Vickery v. Ardagh Glass Inc. (2017) 85 N.E.3d 852, 859.)

“A party seeking an injunction must show irreparable injury.” (See Norlund v. Faust (1997) 675 N.E.2d 1142, 1149.)

Procedural Steps Involved in Filing a Motion for Temporary Restraining Order

“The party seeking the injunction carries the burden of demonstrating an irreparable injury; however, when the acts sought to be enjoined are unlawful, the plaintiff need not make a showing of irreparable harm or a balance of the hardships in his favor.” (See Doe v. Boone Cnty. Prosecutor (2017) 85 N.E.3d 902, 911.)

“Ind. Trial Rule 65(B) requires the plaintiff requesting a temporary restraining order to file an affidavit or verified complaint.” (See Hedge v. Susi Spa (1999) 705 N.E.2d 1043, 1045.)

“T.R. 65(A), dealing with preliminary injunctions, has no such requirement.” (See id.)

“Instead, T.R. 65(A)(1) provides that [n]o preliminary injunction shall be issued without an opportunity for a hearing upon notice to the adverse party." (See id.)

“T.R. 65(A)(1), however, should be read in conjunction with Ind. Code § 34-1-10-3, which provides that [i]n all applications for an injunction, the complaint or as much of the complaint as pertains to the acts or proceedings to be enjoined, must be verified by affidavit." (See id.)

“Every order granting temporary injunction and every restraining order shall include or be accompanied by findings as required by [T.R.] 52; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.” (See In re Rueth Dev. Co. (2012) 976 N.E.2d 42, 59.)

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

“Preliminary injunctions are generally used to preserve the status quo as it existed before a controversy, pending a full determination on the merits of the dispute.” (See In re Rueth Dev. Co. (2012) 976 N.E.2d 42, 58; Stoffel v. Daniels (2009) 908 N.E.2d 1260, 1272.)

“The issuance of a preliminary injunction is a matter which lies within the discretion of the trial court.” (See In re Rueth Dev. Co. (2012) 976 N.E.2d 42, 58; Avemco Ins. Co. v. State ex rel. McCarty (2004) 812 N.E.2d 108, 117.)

“To obtain a preliminary injunction, the moving party has the burden of showing by a preponderance of the evidence the following: (1) a reasonable likelihood of success at trial; (2) the remedies at law are inadequate; (3) the threatened injury to the movant outweighs the potential harm to the nonmoving party from the granting of an injunction; and (4) the public interest would not be disserved by granting the requested injunction.” (See In re Rueth Dev. Co. (2012) 976 N.E.2d 42, 58.)

“If the movant fails to prove any of these requirements, the trial court's grant of an injunction is an abuse of discretion.” (See id.)

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

It is well settled that “a temporary restraining order preserves the status quo until a litigant's application for a preliminary or permanent injunction can be heard." (See Blacks's Law Dictionary (10th Ed. 2014 Pg. 1693); Whitesell Precision Components, Inc. v. Autoform Tool & Mfg., LLC (2018) 110 N.E.3d 380, 383 n.5.)

It is also well settled that “the trial rule governing injunctions implies that some sort of motion or request is a prerequisite for the issuance of a preliminary injunction.” (See Squibb v. State (2007) 860 N.E.2d 904, 909.)

Dockets for Motion for Temporary Restraining Order/Temporary Injunction in Indiana

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In Re: The Marriage of Caren Collins and Glenn Collins

Filed

May 08, 2024

Status

05/08/2024 , Pending (active)

Court

Circuit

County

Monroe County, IN

Case #