Temporary Restraining Orders & Injunctions
Temporary Restraining Orders & Injunctions
When you own a business, there may come a time when you need to seek an injunction to protect your ongoing operations.
If a competitor has interfered with your business contract or infringed on a copyright or trademark, or an employee has stolen your trade secrets or breached a non-compete agreement, an injunction may be vital to your company’s ability to survive and maintain its competitive market edge.
If you’re seeking a temporary restraining order (TRO) or an injunction to protect your company, you need a skilled and experienced lawyer. At Mahendru, P.C., we have helped hundreds of business owners in the greater Houston area navigate these complex processes.
TRO vs. Injunction: The Basics
Without a strong understanding of the procedures involved in a request for injunction, the process can be a minefield. Additionally, courts are often reluctant to interfere with free market enterprise, so injunctions can be extremely difficult to obtain.
We are aggressive and skilled in representing plaintiffs and defendants in proceedings for injunctive relief. Two of the most common kinds of injunctive relief are temporary restraining orders (TROs) and injunctions.
Both of these involve the court ordering someone to start or stop taking a certain action. However, they have some key differences:
- TROs are very short-term orders that usually don’t require a hearing
- Injunctions last longer and often involve a notice to the other party and a hearing
For example, imagine you’ve hired our TRO attorneys because a business is selling T-shirts using your copyrighted artwork. We might first file for a TRO to immediately stop the other party’s actions. With the TRO in place, we could then work toward an injunction or other form of more permanent relief.
Now, here’s a closer look at TROs, injunctions, and how they may be able to help your business.
What Is a Temporary Restraining Order (TRO)?
Sometimes, the matter at hand can’t wait for the court to set an injunction hearing. In this case, the court might grant you a TRO.
Texas courts won’t simply issue a TRO because you or your lawyer requests it. Generally, you must demonstrate the following:
- You’re legally entitled to the relief you’re asking for
- If you file a lawsuit against the defendant, you’ll likely win
- The harm to you or your business is imminent
- If that harm happens, it will be irreparable
- Getting a TRO is your only available legal remedy
Getting a TRO means that the other party (the defendant) will be barred from causing you or your business harm. However, because most TROs last 14 days, your legal team must also start working on a more permanent solution.
When Would a Temporary Restraining Order Be Requested?
Each business’s set of circumstances is unique, but these are some situations where a TRO may be appropriate:
- Former employees are violating their non-compete agreements
- Someone has been stealing and distributing trade secrets
- A competitor is infringing on your intellectual property
- A partner is selling company property against the wishes of the other partners
If you want to protect your business but aren’t sure if a TRO is the best way to do so, don’t worry. Our temporary restraining order lawyers will discuss your options with you and help you come up with a plan.
What Is an Injunction?
An injunction is an order from the court telling someone to stop (or start) a certain action. If you pursue legal action against another party, we may seek two kinds of injunctions on your behalf:
- Temporary Injunction: Protects your interests during litigation
- Permanent Injunction: Protects your interests after the conclusion of a court case
For example, imagine you find out that a former employee has opened their own company, and they are trying to convince your clients to work with them instead. When you first file a lawsuit, the court might issue a temporary injunction barring the defendant from soliciting your clients during the trial.
If you win the lawsuit, you may be granted a permanent injunction forbidding the former employee from soliciting your clients.
When Would an Injunction Be Used?
Injunctions are often used in the same (or similar) circumstances as a TRO. However, you may seek an injunction even if your situation isn’t urgent enough to qualify for a TRO. These are a few examples of when we might seek an injunction on your behalf:
- Your company has been the victim of a breach of contract
- You’re a minority shareholder who has been unfairly squeezed out
- A competitor is slandering you in their advertising material
Winning your case and being granted a permanent injunction can often grant you peace of mind. A permanent injunction is a final resolution, and it indefinitely bars the defendant from causing you or your business harm.
How Our Experienced TRO and Injunction Attorneys Support Your Business
If your business is facing possible harm, our temporary restraining order lawyers are here to help guide you through the process from start to finish. We take a fully customized approach to injunctive relief, meaning we get to know your company and your situation before coming up with a strategy.
These are some of the ways our firm may help your business navigate this issue and prevent problems in the future:
Proactive Protection
If needed, we can file for TROs and preliminary injunctions to shield your company before and during litigation.
Building and Arguing Your Case
Once the defendant’s behavior has been temporarily stopped, we can gather further evidence and start preparing your legal case. If the matter must be decided in the courtroom, we’ll argue your case before a judge, jury, or both.
Negotiating Settlements
Many lawsuits are settled outside of court. We’re skilled negotiators, and we may be able to negotiate an agreement with the other side.
Monitoring for Compliance
If you’re granted a TRO or injunction against the defendant, we’ll watch closely to ensure the defendant remains compliant — and pursue legal action if they don’t.
Your Business Deserves Fierce Representation
The process of securing a TRO or injunction sometimes sounds simple on paper. In practice, it often comes with a long list of twists and turns. To keep the process as streamlined as possible and to ensure your business is protected, you need an experienced, determined attorney.
Since 2001, Mahendru, P.C. has advocated for the rights of business owners in Houston and the surrounding area. Our team has been recognized by Super Lawyers, Lawdragon, Best Lawyers, and other organizations.
Ready to get started? Contact us today for a free consultation.