
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: May 27, 2016

Partner
201-896-7163 rlevy@sh-law.comMany small business owners are unaware that restraining orders are not limited to domestic matters. Rather, businesses can also ask the court to grant immediate emergency relief. With the assistance of counsel, businesses can seek a TRO when filing their initial complaint with the court. Once granted, a TRO prohibits the defendant from taking certain actions until the return date of the Court’s Order to Show Cause.

The plaintiff can seek to continue the court order via a preliminary injunction, which may be granted after the parties have both had an opportunity to submit affidavits, documents and other evidence to the court in support of their respective positions. If issued, the preliminary injunction will often remain in place until final judgment.
Under New Jersey law, courts will take a number of factors into consideration when determining whether to grant a temporary restraining order. They include:
Given that many New Jersey business lawsuits take years to go to trial, temporary restraining orders can be invaluable in preventing further harm.
In environmental litigation, TROs can be used to prevent further contamination of a property. With regards to safeguarding intellectual property, a TRO can restrain the defendant from further infringing a trademark or copyright. In an employment lawsuit, a TRO can be used to enforce the terms of a nondisclosure or non-compete agreement.
In any case, it is imperative to act quickly. In addition to protecting your legal rights, pursuing a TRO as soon as possible shows the court that the situation truly warrants “emergency” relief.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!