Ashburn, VA asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas

Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you understand that a TRO only lasts a few days, and that you must fairly promptly have an evidentiary hearing for a temporary injunction if you want the relief you are requesting to last while your case is pending in court.

The test for securing a TRO is that you or your business is threatened with imminent irreparable harm for which there is no adequate remedy at law. For example, the threatened exposure of your business's trade secrets or the loss of a unique parcel of land.

I typically require an initial retainer of $25,000 to handle civil litigation involving a TRO because of the amount of time and effort required to be successful. If the threatened injury is REALLY imminent and irreparable, a business should be happy to pay that for experienced and competent legal representation in such a matter.

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