The court may allow damages for the wrongful issuance of a temporary restraining order or preliminary injunction on a motion to dissolve or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of a restraining order or preliminary injunction may be included as an element of damages whether the restraining order or preliminary injunction is dissolved on motion or after trial on the merits.
Art. 3608.Damages For Wrongful Issuance 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 3608 allows the court to award damages, including attorney's fees, for the wrongful issuance of a temporary restraining order or preliminary injunction, whether raised on a motion to dissolve or through a reconventional demand.
Full Text of Art. 3608
Plain-English Summary
Getting a temporary restraining order or preliminary injunction dissolved is not the end of the story if the order should not have issued in the first place. Article 3608 gives the wrongly restrained party a path to damages, mirroring the same remedy Article 3506 provides for a wrongfully issued writ of attachment or sequestration.
The damages can be pursued in either of two ways: on the motion to dissolve itself, letting the same proceeding that undoes the order also address the harm it caused, or through a reconventional demand, a claim asserted back against the party who sought the injunction as part of the broader litigation.
Attorney's fees for the work of getting the order dissolved count as part of those damages, and that holds true regardless of when the dissolution happens, whether the restraining order or preliminary injunction falls on the motion to dissolve itself or only later, after a full trial on the merits establishes it should not have issued.
Frequently Asked Questions
Can someone recover damages for a wrongfully issued restraining order in Louisiana?
Yes. Article 3608 lets the court allow damages for the wrongful issuance of a temporary restraining order or preliminary injunction.
How does someone pursue those damages?
Either on the motion to dissolve the order, or through a reconventional demand asserted in the litigation.
Are attorney's fees included in these damages?
Yes, for the work of getting the restraining order or preliminary injunction dissolved, whether that happens on the motion itself or only after a trial on the merits.
Is this the same kind of remedy available for a wrongful writ of attachment?
Yes. Article 3506 provides the same damages and attorney's fees remedy for a wrongfully issued writ of attachment or sequestration.
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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