Insights
What to Do in the First 48 Hours After a TRO Is Filed Against Your Business
Emergency restraining orders compress your timeline and expose your business to immediate risk. Use this checklist to prioritize the first two days, protect operations, and prepare for the preliminary-injunction hearing.
Stabilize leadership and preserve documents
Notify decision-makers, secure litigation holds, and gather the pleadings, declarations, and any communications that triggered the TRO. Assign a point person to coordinate with counsel and keep internal stakeholders aligned.
Map the timeline
Confirm service, filing deadlines, and the date of the preliminary-injunction hearing. Courts may require responses within 48 to 72 hours, so draft a calendar that covers briefing, evidence collection, and witness preparation.
Collect evidence for the opposition
Work quickly to assemble contracts, emails, financials, and declarations that rebut the allegations. Prioritize materials that demonstrate compliance, lack of irreparable harm, or public-interest factors that favor your business.
Engage experienced emergency counsel
Retain counsel who regularly handles TROs and preliminary injunctions. Emergency lawyers should be prepared for rapid drafting, court appearances, and coordinated strategy with in-house or co-counsel teams.
Prepare for the hearing
Draft outlines, identify witnesses, and rehearse arguments with counsel. Understand how the court handles remote testimony, evidentiary objections, and any bond requests so you are ready for the first appearance.
When to escalate
Call experienced emergency counsel if the TRO freezes assets, shuts down revenue lines, or arrives before a major holiday. Having a lawyer who can draft overnight, coordinate affidavits, and appear on compressed notice often determines whether operations resume or stay blocked.
Need immediate help? Visit the Emergency TRO & Injunction Defense page for availability.