A temporary restraining order (TRO) is a court order requiring the parties to whom it is addressed not to engage in certain activity, or to continue to engage in certain activity, and is usually designed to maintain the current state of things (the status quo) until the court has the opportunity to hear a more complete presentation of the evidence—usually during an application for a temporary injunction that will remain in place while the lawsuit is pending.
In West Virginia, a temporary restraining order (TRO) is a legal measure used by courts to prevent immediate harm by maintaining the status quo until a more thorough hearing can be conducted. This type of order is often issued without the presence of the party against whom the order is directed and is typically in effect for a short period, usually not exceeding 10 days, unless extended by the court. The TRO can be granted if the judge believes that it is necessary to prevent irreparable harm, loss, or damage. To obtain a TRO, the requesting party must file a motion along with a complaint and must usually provide evidence that there is a substantial likelihood of immediate and irreparable harm if the order is not issued. Following the issuance of a TRO, a hearing for a preliminary injunction is scheduled, where the court decides whether to extend the order's effect for the duration of the lawsuit. The procedures for obtaining a TRO in West Virginia are governed by the state's Rules of Civil Procedure, and federal laws may apply if the case is within federal jurisdiction.