§ 1384.1.Temporary Injunction - Temporary Restraining Order - Notice - Granting Without Notice

Subsection A sets the baseline: no temporary injunction issues without notice to the other side. A temporary restraining order is different -- it can issue without notice, but only in one of two narrow situations. Either specific facts in an affidavit or verified petition show that immediate, irreparable injury will happen before the adverse party can be heard, or the applicant's attorney certifies in writing what efforts were made to give notice and why notice shouldn't be required, and the court finds those efforts reasonable.

Every restraining order granted without notice carries its own paper trail: it must be endorsed with the date and hour it issued, filed with the court clerk and entered of record, and it must define the injury and explain why it's irreparable and why the order issued without notice in the first place. The section also keeps the order from becoming a substitute for a real hearing. Once a restraining order issues without notice, the motion for a temporary injunction has to be set for the earliest possible hearing, ahead of everything except older matters of the same kind. If the party who got the restraining order doesn't press forward with that motion, the court dissolves the order. The adverse party, in turn, can move to dissolve or modify the order, or ask the court to require an undertaking, on two days' notice -- or less, if the court allows -- and the court must decide that motion as fast as justice requires.

Subsection E carves out an exception: none of this applies to restraining orders in divorce, alimony without divorce, separate maintenance, annulment, custody, and similar family matters, or in guardianship or juvenile proceedings, or in proceedings under special statutes that already set their own procedures for temporary restraining orders or injunctions.