A temporary restraining order or preliminary injunction shall not issue unless the applicant furnishes security in the amount fixed by the court, except where security is dispensed with by law. The security shall indemnify the person wrongfully restrained or enjoined for the payment of costs incurred and damages sustained. However, no security is required when the applicant for a temporary restraining order or preliminary or permanent injunction is seeking protection from domestic abuse, dating violence, stalking, or sexual assault.
Art. 3610.Security For Temporary Restraining Order Or Preliminary Injunction
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Enacted 2003 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3610 requires a temporary restraining order or preliminary injunction applicant to furnish security in a court-fixed amount to indemnify the restrained party for costs and damages, unless security is dispensed with by law, including for applicants seeking protection from domestic abuse, dating violence, stalking, or sexual assault.
Full Text of Art. 3610
Amendment History
Acts 2003, No. 750, §1.
Plain-English Summary
Restraining someone's conduct before a full trial carries risk for the restrained party, just as seizing property under attachment or sequestration does. Article 3610 answers that risk with the same tool Article 3501 uses for attachment and sequestration: security, fixed by the court, to indemnify the restrained party for the costs and damages a wrongful order would cause.
The default rule requires security before a TRO or preliminary injunction can issue at all, unless another law dispenses with the requirement. Article 3601's carve-out for orders removing a person without a legal interest from immovable property is one such example, dispensing with security notwithstanding this article's general rule.
Article 3610 also states its own express exception: no security is required when the applicant is seeking protection from domestic abuse, dating violence, stalking, or sexual assault, whether through a temporary restraining order or a preliminary or permanent injunction. That exception reflects the same policy running through Article 3603.1's cost waivers for these same categories of protection.
Frequently Asked Questions
Does an applicant have to post security to get a TRO or preliminary injunction in Louisiana?
Yes, in the amount the court fixes, unless security is dispensed with by law, under Article 3610.
What is the security meant to cover?
The costs and damages sustained by the person wrongfully restrained or enjoined, indemnifying them if the order turns out to have been improperly issued.
Is security required for a domestic violence protective order?
No. Article 3610 exempts applicants seeking protection from domestic abuse, dating violence, stalking, or sexual assault from the security requirement entirely.
Are there other situations where security for an injunction is not required?
Yes. Article 3601 also dispenses with security for a TRO or preliminary injunction seeking removal of a person without a legal interest from immovable property.
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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