Chapter 6 - § 6.1 INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS, GENERALLY

• Jurisdiction: Colorado

§ 6.1 Injunctions and Temporary Restraining Orders, Generally

Injunctions and temporary restraining orders are procedural tools used to obtain relief and/or action quickly. Temporary restraining orders (TROs) are used to achieve emergency relief, whereas injunctions give relatively swift and, if successful, often permanent relief. Both of these actions are equitable and are thus decided by the court, not a jury. In Colorado state district courts, preliminary injunctions and temporary restraining orders are governed by C.R.C.P. 65. In county court, Rule 365 addressing injunctions references only assaults or threats against persons and enforcement of residential real property covenants.¹

Various statutes also provide for temporary restraining orders and permanent injunctions.² If the statute does not create a special statutory procedure for obtaining a preliminary injunction, the normal requisites of Rule 65 apply.³ However, where the proceeding is a special statutory proceeding under a specific statute, any inconsistency between C.R.C.P. 65 and the statute regarding the form and scope of an injunction is resolved in favor of the statute.

The commencement of proceedings for both temporary restraining orders and preliminary injunctions must be accompanied by or preceded by the filing of a complaint establishing the subject matter jurisdiction of the court.⁴ See Form 6-1: Motion for Temporary Restraining Order and Preliminary Injunction and Form 6-2: Brief Supporting Motion for Temporary Restraining Order and Preliminary Injunction—With Notice. It has been held, however, under the similarly worded Federal Rule 65(b) procedures, that plaintiffs may initiate and maintain a motion for a temporary restraining order without notice to the defendant before service of the summons and complaint on the defendant.⁵

Motions for temporary restraining orders and preliminary injunctions, like all motions not made during a hearing or trial, "shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought."⁶

An injunction is commonly thought of as an order stopping or enjoining a person from doing something. However, an injunction can also order a party to do something, such as return property or allow a party who has been kept out of a property to resume possession. Expanding the scope of an injunction in this manner is referred to as making the injunction "mandatory."⁷

Injunctions are potent weapons in litigation. Motions for preliminary injunctions are typically brought as part of a strong offensive move against an...