Motion for Temporary Restraining Order/Temporary Injunction in Maine

“The purpose of a restraining order is to provide an ancillary remedy preserving the status quo pending a hearing on the merits of a complaint for injunction.” (See Lincolnville v. Perry (1954) 150 Me. 113, 116, 104 A.2d 884; Koplow v. City of Biddeford (1985) 494 A.2d 175, 176.)

“A temporary restraining order may be granted . . . only if . . . it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant. . . .” (See Town of Charleston v. S.A.D. 68 (2002) 798 A.2d 1102, 1104; Eaton v. Cormier (2000) 748 A.2d 1006, 1008; M.R. Civ. P. 65(a); see also Dep't. of Envtl. Prot. v. Emerson (1989) 563 A.2d 762, 768.)

“[P]roof of irreparable injury is a prerequisite to the granting of injunctive relief. Irreparable injury is defined as injury for which there is no adequate remedy at law.” (See id; Bar Harbor Banking Trust Co. v. Alexander (1980) 411 A.2d 74, 79.)

“Furthermore, a court has broad discretion to fashion a remedy that will do complete justice when granting a remedial injunction.” (See Eaton v. Cormier (2000) 748 A.2d 1006, 1008; State v. Shattuck (2000) 747 A.2d 174, 180.)

Rules for Filing a Motion for Temporary Restraining Order

Rule 65 of the Maine Rules of Civil Procedure governs temporary restraining orders.

“A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if:

1. it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party's attorney can be heard in opposition, and
2. the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.”

(See Me. R. Civ. P. 65(a).)

“The verification of such affidavit or verified complaint shall be upon the affiant's own knowledge, information or belief; and, so far as upon information and belief, shall state that the affiant believes this information to be true.” (See id.)

“Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry as the court fixes, unless within the time so fixed the order, for good cause shown, is extended or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record.” (See id.)

“In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order.” (See id.)

“On 2 days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.” (See id.)

Discretion of the Court in Deciding a Motion for Temporary Restraining Order

“We review the court's grant of a temporary restraining order for an abuse of discretion.” (See Town of Charleston v. S.A.D. 68 (2002) 798 A.2d 1102, 1104.)

“A court abuses its discretion if it "exceed[s] the bounds of the reasonable choices available to it.” (See Capelety v. Estes (2023) Me. 50, 12; Sager v. Town of Bowdoinham (2004) 845 A.2d 567, 570.)

When Can a Court Grant a Temporary Restraining Order?

“The Court may grant a temporary restraining order if it concludes the following:

1. the plaintiff will suffer irreparable injury if the injunction is not granted;
2. such injury outweighs any harm which granting the injunctive relief will inflict on the Defendant;
3. the plaintiff has a likelihood of success on the merits: and
4. the public interest will not be adversely affected by granting the injunction.”

(See Job v. Sounier, Civil Action CV-23-125, at *1 (Me. Super. Apr. 21, 2023); Bangor Historic Track, Inc. v. Department of Agriculture (2003) 837 A.2d 129, 132.)

“Failure to demonstrate that any one of these criteria are met requires that injunctive relief be denied.” (See Bangor Historic Track, Inc. v. Department of Agriculture (2003) 837 A.2d 129, 132-33; Town of Charleston v. Sch. Admin. Dist. No. 68 (2002) ME 95, ¶¶ 6-7, 798 A.2d 1102, 1104.)

“Because injunctive relief is an equitable remedy, we review a court's grant of injunctive relief for an abuse of discretion. However, fact-finding that is a prerequisite for judicial action, such as a finding of irreparable injury, or lack thereof, is reviewed for clear error.” (See id; Eaton v. Cormier (2000) ME 65, ¶ 4, 748 A.2d 1006, 1008; State v. Pineo (2002) ME 93, ¶ 6, 798 A.2d 1093, 1096.)