§ 1384.2.Granting Temporary Restraining Order - Recovery of Damages
Chapter 24: Injunction · Last amended November 1, 1989 · Last verified August 3, 2026
Full Text of § 1384.2
Amendment History
Laws 1989, HB 1092, c. 230, § 3, eff. 11/1/1989.
Plain-English Summary
This section gives the restrained party a remedy after the fact. If it turns out, once the matter is finally decided, that the restraining order shouldn't have been granted, the restrained party can recover the damages that order caused -- and that recovery includes reasonable attorney's fees, not just the underlying loss.
Frequently Asked Questions
Can I recover damages if a TRO against me turns out to have been wrongly granted?
Yes. Section 1384.2 lets you recover the damages you sustained once it's finally decided the order shouldn't have been granted.
Do those damages include attorney's fees?
Yes, the section specifically includes reasonable attorney's fees along with other damages sustained.
When can I collect on this right to damages?
Once it's finally decided that the restraining order ought not to have been granted.