A temporary restraining order (TRO) is a court order that prohibits specified conduct, in NCII cases, further sharing or distribution of intimate images, pending a full hearing on a permanent injunction. TROs can be obtained on an emergency ex parte basis (without the other side being present) when the court finds immediate irreparable harm. In NCII cases, the ongoing distribution of intimate imagery typically satisfies the irreparable harm standard. TRO violations are criminal contempt of court, creating immediate criminal liability for perpetrators who continue distribution.

Key facts about this term

  1. File for emergency TRO with an NCII attorney Emergency ex parte TROs can be granted within 24-48 hours when irreparable harm is shown.
  2. Serve the TRO on the perpetrator and relevant platforms Platforms served with a TRO must comply as a court order independent of the Section 223a process.
  3. Attend the full injunction hearing within 14 days TROs are temporary, a full hearing on a permanent protective injunction must follow.

Frequently asked questions

Can I get a TRO against an anonymous perpetrator?

TROs can be served on platforms even when the perpetrator is anonymous. Platforms must comply as a court order regardless of user anonymity.

What happens if the perpetrator violates a TRO?

TRO violations are criminal contempt of court. The perpetrator can be arrested, fined, and imprisoned for violating the order.

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