Art. 3607.Dissolution Or Modification of Temporary Restraining Order Or Preliminary Injunction
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3607 lets an interested person move to dissolve or modify a temporary restraining order or preliminary injunction on two days' notice, or shorter notice the court allows, and lets the court act on its own motion after notice and a hearing to all parties.
Full Text of Art. 3607
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An interested person may move for the dissolution or modification of a temporary restraining order or preliminary injunction, upon two days' notice to the adverse party, or such shorter notice as the court may prescribe. The court shall proceed to hear and determine the motion as expeditiously as the ends of justice may require.
The court, on its own motion and upon notice to all parties and after hearing, may dissolve or modify a temporary restraining order or preliminary injunction.
Plain-English Summary
Neither a temporary restraining order nor a preliminary injunction is locked in place once issued. Article 3607 gives an interested person, which can include but is not limited to the restrained party, a way to challenge it through a motion to dissolve or modify.
The notice period is short by design: two days, or even less if the court prescribes a shorter period, reflecting how the underlying orders themselves are meant to be resolved quickly rather than lingering. Once the motion is filed, the court has to hear and decide it as expeditiously as the ends of justice require, keeping the same urgency that governs the orders being challenged.
The court is not limited to acting only when a party asks. Article 3607 also lets the court dissolve or modify a TRO or preliminary injunction on its own motion, though only after giving notice to all parties and holding a hearing, preserving the same basic fairness protections that would apply to a party-initiated challenge.
Frequently Asked Questions
How can someone challenge a temporary restraining order that has already issued in Louisiana?
By moving to dissolve or modify it under Article 3607, on two days' notice to the adverse party or such shorter notice as the court allows.
Can a court dissolve its own temporary restraining order without a party asking?
Yes. Article 3607 lets the court act on its own motion, but only after giving notice to all parties and holding a hearing.
How quickly does the court have to decide a motion to dissolve or modify?
As expeditiously as the ends of justice may require, given the short-term nature of the orders this article addresses.
Who can file a motion to dissolve or modify under Article 3607?
Any interested person, which is not limited to just the party the order restrains.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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