While most restraining orders are issued by state courts, temporary restaining orders (TROs) are issued mainly by federal courts. A TRO is a type of injunction designed to block state or federal legislation. It is different from other restraining orders because it deals primarily with businesses, not individuals who file restraining orders against other individuals. You can most often obtain a permanent federal restraining order by first consulting with a lawyer and contacting a U.S. District Court.
Meet with your co-workers or other persons involved and discuss your reasons for a federal restraining order. Perhaps, for instance, you want to file a restraining order against a company you feel is copying your company logo. Compile the evidence you need to present to court for that possible trademark infringement.
Consult with a lawyer, especially one who specializes in your case's subject matter. Continuing with the logo example, you would want to consult with a trademark lawyer. Obtain your lawyer's opinion that you have a legitimate case against those copying your trademark.
File the necessary paperwork for your restraining order. Enclose with your forms the evidence for your infringement, such as photographs of the infringed logo. Your lawyer will then give them to a clerk at your local U.S. District Court, who will submit them to a judge for consideration.
Schedule your hearing date with the court after a judge has approved your motion for a TRO. Ask your lawyer to contact the defendant's legal representatives about possible hearing dates. Submit the hearing request to the court clerk after all parties have agreed on a hearing date.
Prepare well for your hearing. You and the other persons involved in your restraining order should be able to recall when you first noticed the infringed trademark and what led you judge it as an infringement. Indicate any photographic or textual evidence in favor of your restraining order.
Wait until the presiding judge decides to either uphold or lift your temporary restraining order, by the end of your hearing.
- You can file for a TRO without a lawyer's assistance, but you should carefully consider this independent route. A lawyer has deep knowledge of state and federal laws and is more qualified to convince a judge that your restraining order against another party is valid.
- If the judge lifts your TRO, remember you can still appeal to a U.S. Court of Appeals in your district. Consult with your lawyer about this option.