There are many reasons for which a person may seek a stay of a pending action or trial. A court may enter a temporary restraining order (TRO), for example, in an effort to prevent the enforcement of a contempt order. In another case, the court may issue a TRO to prevent the enforcement of a trespass order. In either case, a temporary restraining order (TRO) prohibits the plaintiff from taking further actions in violation of the order.
Another reason for which to obtain a TRO is to prevent the enforcement of a “roving warrant.” A roving warrant is a term describing an arrest warrant issued without probable cause or reasonable suspicion that a person has committed a given crime. A motion to suppress the TRO can be made to the court if the plaintiff can show that there is no reasonable suspicion to support the issuance of the warrant. A motion to suppress is not considered until the plaintiff has served the defendant with notice of the pending case and the case has been filed with the courts.
If a motion to suppress is made, after service of the notice to the defendant, and the case has been filed with the courts, and the plaintiff is able to prove beyond a reasonable doubt that the defendant did not have a warrant when the warrant was executed, the court may enter a temporary restraining order (TRO). The court will issue a TRO and immediately prohibit the defendant from continuing the conduct underlying the TRO. The court will then issue a permanent restraining order (RCO) that forbidding the defendant from again interfering with the plaintiff’s right to enjoy property or access to property. A court order granting a stay is very powerful and should only be used as a last resort for serious and imminent threats to life or property.