The temporary restraining order kicks in fast, sometimes within days, sometimes ex parte without notice to the defendant. But the TRO only lasts 14 days, with one possible 14-day extension. For longer-term emergency protection, plaintiffs need a temporary injunction.
The temporary injunction is the bridge between the immediate emergency response of the TRO and the final relief that follows trial on the merits. The injunction remains in effect throughout the case, months or years, and protects the status quo pending adjudication. The hearing matters more than most clients expect: a temporary injunction can be appealed immediately, and its terms govern conduct for the life of the case.
The sections below walk through the elements, the hearing procedure, the Rule 683 specificity requirements, the bond, and the appellate review landscape.
The three elements
The temporary injunction standard requires the applicant to prove:
A cause of action against the defendant. The applicant has a legitimate underlying claim, breach of contract, trade secret misappropriation, fiduciary duty breach, or other substantive theory.
A probable right to relief on the underlying claim. Not a final adjudication of the merits, but a showing that the applicant is likely to prevail at trial. The standard is sometimes described as “likely to succeed,” with the practical analysis turning on evidence-quality more than legal certainty.
Probable, imminent, and irreparable injury in the interim absent the injunction. Three sub-elements:
- Probable. The injury is reasonably likely, not merely speculative.
- Imminent. The injury is impending, not just possible at some indefinite future point.
- Irreparable. The injury cannot be adequately compensated by money damages. Common categories include loss of unique property, loss of goodwill, loss of competitive position from misappropriated trade secrets, and certain kinds of ongoing harm.
All three elements must be established through admissible evidence at the temporary injunction hearing. The plaintiff who fails on any element has the injunction denied.
The hearing procedure
Temporary injunction hearings are evidentiary hearings on notice. Procedure typically involves:
Pleadings. A petition stating the claims, including a specific prayer for temporary injunctive relief.
Notice to the defendant. Service of the petition and notice of the hearing date. The defendant has time to prepare a response and gather evidence.
Witness testimony. Live witnesses, sworn under oath, subject to cross-examination. Most courts will not accept affidavits alone for the temporary injunction; live testimony is expected.
Documentary evidence. Business records, contracts, communications, and other materials supporting the elements.
Argument. Following the evidence, counsel argues the application of the elements to the evidence.
Order. The court issues a written order granting or denying the injunction. Granting orders must comply with the Rule 683 specificity requirements.
Most temporary injunction hearings take a half-day to two days, depending on the complexity. Cases involving extensive documentary evidence or multiple witnesses can take longer.
The Rule 683 specificity requirements
Texas Rule of Civil Procedure 683 imposes specific requirements on the form of injunctions:
State the reasons for issuance. The order must explain why the injunction is being issued, the underlying facts and the elements satisfied.
Be specific in terms. Vague injunctions that fail to give the enjoined party clear notice of what is prohibited are unenforceable. The order must describe the prohibited conduct with sufficient specificity that an ordinary person can understand what is required.
Describe the act or acts in reasonable detail. Not by reference to other documents but in the order itself. An order that says “Do not violate the contract attached as Exhibit A” fails Rule 683; the order must spell out the specific conduct prohibited.
Not be overly broad. An order that prohibits more conduct than is necessary to address the underlying injury faces modification on appeal.
Failure to comply with Rule 683 renders an injunction void. Texas courts have reversed many injunctions for Rule 683 violations, and defendants routinely raise Rule 683 challenges in their interlocutory appeals.
Practitioners draft proposed temporary injunction orders carefully. Including specific findings on each element, detailing the prohibited conduct precisely, and identifying the duration explicitly all serve to maximize Rule 683 compliance.
The bond requirement
Texas Rule of Civil Procedure 684 requires the applicant to file a bond before the injunction issues. The bond protects the enjoined party from damages if the injunction is later determined to have been wrongfully obtained.
Bond mechanics:
The court sets the amount. Based on potential damages the defendant might suffer from a wrongful injunction. The amount is discretionary but must be reasonable given the magnitude of the restriction imposed.
The bond must be in place before the injunction takes effect. Failure to post the bond suspends the injunction. The applicant cannot enforce until the bond is filed.
Damages from wrongful injunction are recoverable against the bond. If the injunction is later dissolved as wrongfully obtained, the defendant can recover damages up to the bond amount.
Bond amount sometimes controls strategy. When the potential damages from a wrongful injunction are substantial, the bond requirement can be a material constraint on the applicant. Some cases have been functionally defeated by inability to post the required bond.
Interlocutory appeal
Texas Civil Practice and Remedies Code section 51.014(a)(4) allows interlocutory appeal from orders granting or refusing temporary injunctions. The appeal proceeds to the relevant court of appeals on an expedited briefing schedule.
Interlocutory appeals can take six months to a year to resolve. The injunction usually remains in effect during the appeal, though the appellant can sometimes obtain a stay. Both sides build their appellate records during the original temporary injunction hearing, the hearing record is the basis for the appellate review.
The interlocutory appeal mechanism makes temporary injunction hearings particularly consequential. The order entered will be reviewed by the court of appeals, and many cases are decided on appeal more than at the trial level.
When temporary injunctions are most useful
Temporary injunctions provide essential protection in cases involving:
Trade secret misappropriation. Preventing continued use or disclosure of trade secrets during the litigation. See Trade Secret Misappropriation Under TUTSA.
Non-compete and non-solicitation enforcement. Restraining ongoing competitive activity that violates the agreements.
Fiduciary duty cases. Preventing ongoing breaches of duty by directors, officers, or other fiduciaries.
Asset preservation. Preventing dissipation of assets that will be needed to satisfy a judgment. See Asset Freeze Orders.
Real property disputes. Preventing improper transfers or modifications of disputed property.
Construction and ongoing relationships. Preserving the status quo while underlying business disputes are resolved.
Defending against temporary injunctions
For defendants facing temporary injunction motions:
Attack the elements. Each of the three required elements is contestable. Probable right to relief, imminent injury, and irreparable harm all face significant evidentiary attack in most cases.
Develop the legitimate-justification defense. Many injunction cases involve defendant conduct that is justified by some legitimate basis, legal rights, contract entitlements, competitive activity within bounds.
Challenge the Rule 683 form. If the injunction issues, the form challenges can produce reversal on appeal even when the underlying claim has merit.
Position the bond requirement. Push for a substantial bond amount to constrain the plaintiff’s exercise of the injunction.
Prepare the interlocutory appeal. Build the hearing record with appellate review in mind.
The hearing record is the appellate record
Temporary injunction hearings are dispositive in many practical respects. Preparation determines outcomes. We draft proposed orders to Rule 683, with specificity on each element and a detailed description of the prohibited conduct, because that is what preserves the order on appeal. We talk through the bond realistically: the amount shapes both sides’ strategy, and over-aggressive positioning can hobble the very plaintiff who needs the injunction. And we build the hearing record with the appellate court already in mind, then start the interlocutory appeal work the moment the order issues.
Whatever happens at the hearing gets reviewed by a court of appeals on the record you make that day. Build it once, build it for both audiences.
Frequently Asked Questions
What is a Texas temporary injunction?
A temporary injunction is a court order prohibiting or requiring specific conduct by a party, in effect until final disposition of the case. The temporary injunction is the longer-term counterpart to the temporary restraining order, TROs last up to 14 days, while temporary injunctions remain in place until the case is resolved on the merits. Temporary injunctions are issued after evidentiary hearings on notice rather than ex parte, and require the same elements as TROs.
What must a plaintiff show to get a Texas temporary injunction?
Three elements. First, a cause of action against the defendant. Second, a probable right to relief on the underlying claim. Third, probable, imminent, and irreparable injury in the interim absent the injunction. "Irreparable" means the injury cannot be adequately compensated by money damages, typically because of loss of unique property, loss of goodwill, or other harm that cannot be quantified. The plaintiff must establish each element through admissible evidence at the temporary injunction hearing.
What is Texas Rule of Civil Procedure 683?
Texas Rule of Civil Procedure 683 governs the form and scope of injunctions. The rule requires every order granting an injunction to set forth the reasons for its issuance, to be specific in terms, and to describe the act or acts sought to be restrained without reference to other documents. Failure to comply with Rule 683 renders an injunction void and subject to dissolution on appeal. The rule's specificity requirements catch many practitioners and have produced substantial appellate reversal.
What is the bond requirement for Texas temporary injunctions?
Texas Rule of Civil Procedure 684 requires the applicant for a TRO or temporary injunction to file a bond before the injunction issues. The bond protects the defendant from damages if the injunction is later determined to have been wrongfully obtained. The bond amount is set by the court based on the potential damages the defendant might suffer from a wrongful injunction. The bond must be in place before the injunction takes effect; failure to post the bond suspends the injunction.
Can a Texas temporary injunction be appealed before final judgment?
Yes. Texas Civil Practice and Remedies Code section 51.014(a)(4) allows an interlocutory appeal from an order granting or refusing a temporary injunction. The appeal is to the appropriate court of appeals. The interlocutory appeal mechanism makes temporary injunction practice particularly consequential, the order can be challenged in the courts of appeals before the case is tried, and the appellate analysis often shapes the underlying litigation.