Temporary Restraining Orders and Injunctions

Milwaukee Temporary Restraining Orders and Injunctions Lawyer

An injunction is a court order that typically enjoins or prohibits a person, company or government entity subject to the order from taking certain action or that directs a specific act to be performed. A temporary restraining order, or TRO, is an emergency order issued by court to maintain the status quo until a hearing can be held on a motion for a preliminary injunction.

Attorney Robert Corris is a seasoned business litigator with more than 25 years of experience in representing business law clients who are either seeking or defending against an injunction or temporary restraining order. These cases can involve complex issues that require deep knowledge of civil procedure and strong advocacy skills.

To learn more about how he can assist you, call the Corris Law Office today at (414) 272-8000, send us a fax (414) 755-7050 or an e-mail (rcorris@corrislaw.com), or use our convenient contact form. We represent business law clients throughout Southeastern Wisconsin, including Milwaukee, Hartland, Waukesha and surrounding areas. We pledge prompt and personal attention to your case and look forward to working with you to find a solution to your injunction and temporary restraining order issues.

Wisconsin Temporary Restraining Order (TRO) Lawyer

With a temporary restraining order, the Federal Rules of Civil Procedure provide that the court must set a time by which the TRO will expire – not to exceed 14 days – unless for good cause the court extends the TRO or the party subject to the TRO agrees to an extension.

In Wisconsin, an ex parte TRO (one issued when one party appears before the court and asks for the TRO without giving the opposing party notice and an opportunity to be heard) may be issued for only five days unless extended upon notice and after a hearing, or if the party subject to the TRO agrees to an extension.

Years ago, attorneys would file a lawsuit, walk the file to the judge assigned to the case and obtain an ex parte temporary restraining order. The person being restrained would not have any advance notice and would first learn of the TRO when the sheriff served the summons, complaint and TRO, along with copies of the motion papers. Now, courts typically require the party seeking a TRO to notify the other parties and give them an opportunity to oppose it.

A temporary restraining order covers the period from the start of the case, or later filing of the TRO motion until the judge can hear and decide a motion for preliminary injunction.

Wisconsin Preliminary Injunction Lawyer

A preliminary injunction is an order issued after a hearing that enjoins the person(s) subject to the order during the pendency of the lawsuit.

The court has discretion to schedule a hearing and take testimony with live witnesses or to decide the motion on affidavits and legal arguments. The court may also consider hearsay evidence, but is free to give it less weight than non-hearsay evidence. Wisconsin statutes and courts use the term “temporary injunction” rather than “preliminary injunction,” which is the terminology used in the federal courts and many state courts outside of Wisconsin.

A preliminary / temporary injunction covers the period from the issuance of the order after the hearing on the motion for the preliminary / temporary injunction until the end of the case, or until and unless the court were to dissolve or amend the preliminary injunction during the course of the case.

Federal and state injunction statutes require that the party who has successfully obtained a preliminary injunction provide an injunction bond as a condition of the issuance of the  preliminary injunction order. The purpose of the bond is to compensate the person(s) being enjoined if the preliminary injunction is later determined to have been improvidently granted.

If the court issues a preliminary injunction, the person being enjoined must ask the court to require a bond, since an action on the bond is in most cases the only remedy that a person has to recover damages for an improvidently granted injunction.

A party who obtains a preliminary injunction order may not be able to afford a bond. Even though the premium for an injunction bond is typically 1 percent of the bond amount, the bonding company may require the party applying for the bond to post security equal to the total amount of the bond.

The Seventh Circuit Court of Appeals has instructed , “When setting the amount of security, district courts should err on the high side….because the damages for an erroneous reliminary injunction cannot exceed the amount of the bond.” More than 60 years ago, the Wisconsin Supreme Court said  that the determination of the amount of the bond is within the discretion of the trial court.

Wisconsin Permanent Injunction Lawyer

A permanent injunction is an order issued at the end of the case. The word “permanent” does not refer to the length of time of the court order; it denotes an injunction issued at the end of the case.

Contact the Corris Law Office Today

Attorney Robert Corris is an experienced business litigator as well as a speaker and author on a variety of business law topics, including Wisconsin temporary restraining order, preliminary / temporary injunctions and permanent injunctions.

He has obtained restraining orders and preliminary injunctions for:

  • Dealers who have received termination notices from grantors, and
  • Employers against employees who have violated non-compete agreements or misappropriated trade secrets.

He also has defeated motions for temporary restraining orders or preliminary / temporary injunctions while representing former employees who have been sued by their previous employers.

The Corris Law Office serves business law clients, including individuals, dealing with TRO and injunction issues throughout Southeastern Wisconsin, including Milwaukee, Hartland, Waukesha and surrounding areas. To learn more, call us at (414) 272-8000, send us a fax (414) 755-7050 or an e-mail (rcorris@corrislaw.com), or use our convenient contact form. We pledge prompt and personal attention to your injunction and restraining order issues and look forward to working with you.