When you’re caught in a legal dispute, sometimes you need the Court to step in and press pause before things get worse. You may hear lawyers mention terms like ‘injunctions’ or ‘restraining orders,’ which can sound quite intimidating and confusing.
Understanding the preliminary injunction vs temporary restraining order difference is a key part of protecting your assets and interests. These are powerful legal tools, but they operate in different ways and are utilised in various situations.
Let’s clarify the confusion and examine what they mean in simple terms.
What is a Temporary Restraining Order (TRO)?
Imagine you find out your business partner is about to transfer all the money from your company’s account to a personal one overseas. You need to stop them right now. This is where a temporary restraining order, or TRO, comes into play. A TRO is an urgent, short-term Court order designed to prevent immediate and irreparable harm.
The most important feature of a TRO is its speed. It can often be granted ex parte, meaning you can ask the Court for the order without the other person even being notified or present. The Court grants this emergency measure to preserve the current situation (the ‘status quo’) until a proper hearing can be arranged.
A TRO is a temporary measure that usually lasts only a few days, just long enough to schedule a more formal hearing where both sides can present their case.
What Is a Preliminary Injunction?
A preliminary injunction serves a similar purpose to a TRO; it stops someone from doing something, but it’s a more durable and considered measure. Unlike a TRO, a preliminary injunction is only granted after the Court has held a hearing and listened to arguments from both you and the other party.
To be successful in getting a preliminary injunction, you must persuade the Court that you have a strong case, that you will suffer harm that cannot be compensated by money if the order isn’t granted, and that the inconvenience to the other party is outweighed by the need to protect you.
For instance, it could be used to stop a former employee from using your confidential client list to compete against you while the main lawsuit is ongoing. A preliminary injunction typically remains in effect until the Court makes a final decision in your case.
Preliminary Injunction vs Temporary Restraining Order: The Main Differences
Let’s recap the essential points when comparing a preliminary injunction vs a temporary restraining order:
- Notice: A TRO can be granted in an emergency without giving notice to the other side. A preliminary injunction requires a full Court hearing where both parties can present their case.
- Duration: A TRO is a temporary measure that lasts for a very short time. A preliminary injunction is a longer-term solution that can last for the entire duration of the legal case.
- Urgency: A TRO is for genuine, time-sensitive emergencies. A preliminary injunction is for serious situations that require a preventative order but don’t have the same immediate, do-or-die urgency.
Knowing which type of Court order fits your situation is something a good lawyer can advise you on. Taking swift and appropriate legal action is often the key to achieving a better outcome in any dispute, preventing further damage while your case proceeds through the proper channels.
Conclusion About Injunction vs Temporary Restraining Order Explained
If you are facing a dispute and believe you need the Court’s immediate intervention, you need clear and effective legal advice.
While our team at Tembusu Law is well-known for housing some of the best criminal lawyers and Divorce lawyers in Singapore, our expertise in litigation encompasses a wide range of civil disputes.
Contact us for a free consultation and to learn how we can protect your interests.
Frequently Asked Questions Injunction vs Temporary Restraining Order Explained
How Quickly Can I Get A Temporary Restraining Order In Singapore?
In genuine emergencies, a TRO can be obtained very quickly, sometimes within the same day of the application. The legal system is designed to act fast to prevent immediate and irreversible harm.
What Happens If Someone Disobeys A Court Injunction Or TRO?
Ignoring a Court order is a very serious offence. It is considered contempt of Court and can result in significant penalties, including fines and, in some cases, imprisonment.
In What Types Of Cases Are Injunctions Commonly Used?
Injunctions are used in a wide variety of civil cases, including business and partnership disputes, intellectual property theft, harassment cases, and property disputes, to prevent a party from taking a specific action.
Can A Preliminary Injunction Be Appealed Or Changed?
Yes, the party restricted by the injunction can apply to the Court to have it varied or set aside. They must present strong evidence and legal arguments to convince the Court that the circumstances have changed or that the injunction is no longer justified.
