Motion for Temporary Restraining Order in Oklahoma

What Is a Motion for Temporary Restraining Order?

Background

“A temporary injunction embodies a restraint which continues unless modified by the court, until the hearing of the cause, at which time it is either made permanent or discharged.” (See Walbridge-Aldinger Co. v. City of Tulsa (1924) 107 Okla. 259.)

“A temporary restraining order has for its object the maintenance of the status quo until the court shall determine whether an injunction shall issue.” (See id.)

“If the court finds on the basis of a verified application and testimony of witnesses that irreparable harm will result to the moving party, or a child of a party if no order is issued before the adverse party or attorney for the adverse party can be heard in opposition, the court may issue a temporary restraining order which shall become immediately effective and enforceable without requiring notice and opportunity to be heard to the other party.” (See Fulsom v. Fulsom (2003) 81 P.3d 652, 657 n.7.)

General Information for Complaints and Motions

“All applications for temporary orders shall set forth the factual basis for the application and shall be verified by the party seeking relief. The application and a notice of hearing shall be served on the other party in any manner provided for in the Rules of Civil Procedure.” (See id.)

“The court shall not issue a temporary order until at least five (5) days' notice of hearing is given to the other party.” (See id.)

“If a temporary restraining order is issued pursuant to this paragraph, the motion for a temporary order shall be set within ten (10) days.” (See id.)

“Temporary orders terminate when the final judgment on all issues, except attorney fees and costs, is rendered or when the action is dismissed.” (See id.)

Standard of Review and Burdens of Proof

“Granting or denying injunctive relief is generally within the sound discretion of the trial court a judgment issuing or refusing to issue an injunction will not be disturbed on appeal unless the lower court has abused its discretion or the decision is clearly against the weight of the evidence.” (See Meinders v. Johnson (2006) 134 P.3d 858, 864.)

“In reviewing the matter, we are not bound by the findings or reasoning of a trial court, but we must consider, examine and weigh all the evidence.” (See id.)

“If the facts and law warrant, . . ., this Court will affirm the judgment or order of the trial court if the correct ultimate conclusion was reached.” (See id.)

“However, questions concerning a trial court's subject matter jurisdiction and jurisdiction to enter the order at issue present questions of law, reviewed on appeal under the de novo standard.” (See id.)

The Court’s Decisions

It is well settled that “any temporary orders may be vacated or modified prior to or in conjunction with a final decree on a showing by either party of facts necessary for vacation or modification.” (See Fulsom v. Fulsom (2003) 81 P.3d 652, 657 n.7.)

It is also well settled that “the court may reserve jurisdiction to rule on an application for a contempt citation for a violation of a temporary order which is filed any time prior to the time the temporary order terminates.” (See id.)