What is an Opposition To An Application For Temporary Restraining Order?
An opposition to an application for temporary restraining order requests that the court refuse to grant the requested injunction. The opposition will demonstrate specific harm that will befall the opposing party if the requested restraining order is granted. The opposing party will also seek to show that the moving party is not likely to succeed in obtaining a permanent restraining order. Usually, a temporary restraining order is sought on an ex parte basis, the opposing part will seek to show that the matter is more appropriately resolved by noticed motion procedure. Opposition papers are usually supported by a statement of facts, a legal brief or memorandum with citations to legal authority, and if necessary, exhibits, declarations, and affidavits.