Restraining Orders
A command of the court issued upon the filing of an application for an Injunction, prohibiting the defendant from performing a threatened act until a hearing on the application can be held.
A restraining order is an official command issued by a court to refrain from certain activity. Restraining orders are sought by plaintiffs in a wide variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, Copyright infringement, and cases of harassment, domestic abuse, and Stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a traditional test. Limited in their duration and effect, restraining orders are distinguished from the more lasting form of court intervention called an injunction. Generally they are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.
A court submits a request for a restraining order to one of several tests. These tests vary slightly across different jurisdictions, but generally they involve the analysis of four separate factors: (1) whether the moving party will suffer irreparable injury if the relief is not granted; (2) whether the moving party is likely to succeed on the merits of the case; (3) whether the opposing party will be harmed more than the moving party is helped; and (4) whether granting the relief is in the public interest.
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Source: TheFreeDictionary.com
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