What must a moving party provide to obtain an ex parte temporary restraining order?

To obtain an ex parte temporary restraining order, the moving party must provide an affidavit that demonstrates evidence of potential harm as well as notice of the hearing, if practicable. This requirement is rooted in the need for the court to understand the immediate threat or harm that the applicant is facing and to ensure that the order does not unduly infringe upon the rights of the other party without a proper understanding of the situation.

Even though ex parte orders can be granted without notifying the other party in emergencies, the party must still demonstrate the necessity of such an order through clear and convincing evidence in their affidavit. This ensures that the court is making a decision based on substantiated claims of urgency and potential damage.

The other options, while related to the context of restraining orders, do not accurately represent what is strictly required for obtaining an ex parte temporary restraining order. Proof of the other party being a flight risk is not a standard requirement; rather, the focus is on the applicant’s immediate need for protection. A security bond is not typically required for temporary restraining orders but may be necessary in other types of injunctions. Lastly, permission from a lower court is not necessary; the applicant simply needs to file the motion and demonstrate the urgency and basis for