Motion for Temporary Restraining Order in Michigan

Background

“A temporary restraining order may be granted if there are allegations of irreparable injury and there is no adequate remedy at law.” (In re Dissolution of Esquire (1984) 136 Mich. App. 492, 495 citing Barkau v. Ruggirello (1980) 100 Mich. App. 617.)

General Information for Complaints and Motions

Mich. Ct. R. 3.310(C) covers the form and scope of injunctions and for an order granting an injunction or restraining order, this rule requires that the motion:

1. must set forth the reasons for its issuance;
2. must be specific in terms;
3. must describe in reasonable detail, and not by reference to the complaint or other document, the acts restrained; and
4. is binding only on the parties to the action, their officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

(Mich. Ct. R. 3.310(C).)

Standard of Review and Burdens of Proof

“A trial court has discretion to vacate or modify a previously entered temporary restraining order.” (Bowers v. Vandermeulen-Bowers (2008) 278 Mich. App. 287, 295 citing MCR 2.604(A).) “A trial court abuses its discretion when it selects an outcome that is not within the range of reasonable and principled outcomes.” (Id.)

The Court’s Decision

“An injunction or temporary restraining order may not be granted in one action to stay proceedings in another action pending in another court if the relief requested could be sought in the other pending action.” (Marsh v. Foremost Ins Co. (1996) 451 Mich. 62, 69 n.12.)

“The standard for the entry of a temporary restraining order is quite low: the probate court could enter the order if it ‘clearly appear[ed]’ that [the movant] would suffer ‘irreparable injury, loss, or damage.’” (Carter v. Asplund (In re Asplund), No. 349388, at *5 [Mich. Ct. App. Nov. 24, 2020] citing MCR 3.310(B)(1)(a).)