Preliminary Injunctions in DC

In the District of Columbia, if the court grants your Motion for TRO, the order is usually valid for up to ten (10) days. But the judge may extend that time briefly. If the judge issues a temporary restraining order, the judge will set a date for a hearing on a preliminary injunction as soon as possible.

Judges issue preliminary injunctions only after a hearing in which the other side has a right to be present.  One or both sides may have to call witnesses to testify under oath.

At the hearing, you have to persuade the judge that:

(1) there is a substantial likelihood that you will prevail in your case,

(2) you will suffer irreparable harm if you do not get a preliminary injunction,

(3) there will be more harm to you if the judge denies the preliminary injunction request than to the other party if the judge grants it; and

(4) the public interest will not be injured by the injunction.

You do not have to seek or get a temporary restraining order to apply for a preliminary injunction. The court may also require you to provide some sort of “security,” usually in the form of a payment “for such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.”