Motion for Temporary Restraining Order in Oregon

Background

“The purpose of an injunction is to protect against future unlawful conduct.” (See Dority v. Hiller (1999) 162 Or. App. 353, 363.)

“An injunction is an extraordinary remedy, to be granted only on clear and convincing proof of irreparable harm when there is no adequate legal remedy.” (See Krein v. Szewc (2017) 287 Or. App. 481, 486.)

General Information for Complaints and Motions

“[T]o qualify for injunctive relief, it must be shown that the conduct to be enjoined is probable or threatened.” (See Howe v. Greenleaf (2014) 320 P.3d 641, 652.)

“An injunction may not be granted merely to allay the fears and apprehensions of an individual.” (See id.)

“Upon proper showing a permanent or temporary injunction, restraining order or other order shall be granted without bond.” (See Bowles v. Barde Steel Co. (1945) 177 Or. 421, 427.)

Standard of Review and Burdens of Proof

“The issuance of an injunction lies within the sound discretion of the trial court.” (See Dority v. Hiller (1999) 162 Or. App. 353, 363.)

“The granting or refusal of restraining orders was said to rest in the sound discretion of the court.” (See Blair v. Blair (1953) 199 Or. 273, 282.)

“Our review in an appeal from a restraining order is de novo.” (See Cottongim v. Woods (1996) 145 Or. App. 40, 43.)

The Court’s Decisions

It is well settled that “the construction of a temporary restraining order is a matter of law for the court.” (See Walti v. Willamette Industries, Inc. (1990) 100 Or. App. 89, 93.)

It is also well settled that “a restraining order may, under appropriate circumstances, be granted as a provisional remedy independent of another provisional remedy. It would follow that the wrongfulness of the restraining order issued before a hearing does not depend upon whether the petitioner is later granted the further provisional remedy sought.” (See Huntington v. Coffee Associates (1979) 43 Or. App. 595, 604.)