Injunctions and restraining orders · St. Louis
Injunctions and temporary restraining orders in Missouri
An injunction is a court order that makes someone stop doing something, or sometimes start. In a Missouri civil case, you must show you will suffer serious harm that money cannot fix. You usually must warn the other side first. And you must post a bond, which is money held to cover the other side’s losses if the order turns out to be wrong.
When a court will order someone to stop
A Missouri court can order someone to stop when money alone will not fix the harm. It can also act to prevent any legal wrong when a lawsuit for money would not be enough.
Common uses include:
- stopping a former employee or competitor from using your business secrets;
- stopping a neighbor from blocking your driveway or easement;
- stopping a business partner from draining company accounts (see partner and shareholder disputes);
- keeping property safe while a court decides who owns it.
The three kinds of orders
TEMPORARY RESTRAINING ORDER (TRO)
- You must show that serious harm that cannot be undone will happen right away without the order. You show this with sworn facts.
- You usually must give the other side at least 24 hours’ notice before the hearing.
- The court can skip notice only if notice is impossible or would defeat the purpose. For example, the other side might destroy evidence if warned.
- A TRO with notice lasts up to 15 days. A TRO without notice lasts up to 10 days. Either can be extended if the danger continues.
- If you get a TRO without notice and had no good reason to skip notice, the court will presume you acted in bad faith.
PRELIMINARY INJUNCTION
This order lasts while the case goes on. The other side always gets notice and a chance to be heard first. If a TRO has lasted more than 30 days without this hearing, the court must hold it as soon as possible.
PERMANENT INJUNCTION
This order comes at the end of the case, after you prove your claim.
What the judge weighs
Missouri judges weigh four things:
- Will you suffer harm that cannot be undone without the order?
- How does that harm compare with the harm the order would cause the other side?
- How likely are you to win the case?
- Does the public interest favor the order?
The first question usually decides the case. Harm that money can fully fix usually does not count. Losing customers, secrets or one-of-a-kind property often does. In 2025, the Missouri Supreme Court set a stricter test for orders that would block a new state law. Ordinary private disputes still use these four questions.
You must post a bond
In a private case, a TRO or preliminary injunction will not start until you post a bond. A bond is money or a surety promise held by the court. The judge sets the amount. It covers the other side’s losses if the order turns out to be wrong. You may pay cash instead.
Plan for this before you file. If the order should not have been issued, the other side can be paid from the bond. If you need an order quickly, contact the office with your facts and documents.
What the order must say, and who must obey it
The order must explain why it was granted. It must say exactly what is forbidden. It cannot just point to your lawsuit papers.
It binds the other side, its employees, agents and lawyers. It also binds anyone working with them who gets actual notice of the order. A vague order is hard to enforce, so we draft the proposed order with care.
If the case is appealed, the judge can keep, change or pause the order while the appeal goes on.
Orders of protection are different
People often say “restraining order” when they need protection from someone who abused, stalked or sexually assaulted them. In Missouri, that is an “order of protection.” It follows its own separate law and process. This page is about court orders in disputes over property, contracts and businesses.
For business secrets, Missouri law lets a court stop someone from using or sharing them. See also employment agreements and non-competes.
Common questions
How fast can a Missouri court issue a TRO?
Usually after a hearing with at least 24 hours’ notice. Faster, without notice, only in narrow cases. See the civil litigation overview for the rest of a case.
Do I have to post a bond?
Yes, in a private case. The judge sets the amount.
Can a court stop a former employee from contacting our customers?
Possibly, under business secret laws or a valid non-compete. See business litigation and non-competes.
Can a court make my neighbor remove something blocking my easement?
Yes, if you prove the easement and money will not fix the harm. See real estate litigation.
Is a TRO the same as an order of protection?
No. Orders of protection for abuse, stalking or sexual assault follow a separate process.
Related reading
- Civil litigation overview
- Business litigation
- Real estate litigation
- Employment agreements and non-competes
Move fast, with your facts in order
A request like this depends on clear, sworn facts. Harjot Singh Padda, JD, will tell you what evidence the judge will want and what the bond may cost.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Mo. Rev. Stat. § 526.030. Missouri Revisor of Statutes
- Mo. Sup. Ct. R. 92.01. Supreme Court of Missouri Rules
- Mo. Sup. Ct. R. 92.02. Supreme Court of Missouri Rules
- Mo. Sup. Ct. R. 92.03. Supreme Court of Missouri Rules
- State ex rel. Director of Revenue v. Gabbert, 925 S.W.2d 838 (Mo. banc 1996). CourtListener
- Planned Parenthood Great Plains v. State, No. SC101176 (Mo. banc Aug. 12, 2025). FindLaw
- Mo. Rev. Stat. § 455.020. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 417.455. Missouri Revisor of Statutes