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§ 1384.2.Granting Temporary Restraining Order - Recovery of Damages

Chapter 24: Injunction · Last amended November 1, 1989 · Last verified August 3, 2026

In one sentenceSection 1384.2 lets a party restrained by a temporary restraining order recover the damages sustained, including reasonable attorney's fees, once it's finally decided the order should never have been granted.

Full Text of § 1384.2

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If a temporary restraining order is granted, the party restrained may recover the damages he sustained, including reasonable attorney's fees, if it be finally decided that the restraining order ought not to have been granted.

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.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: damages for wrongful TRO oklahomaattorney fees wrongful restraining order oklahoma12 O.S. § 1384.2recover damages temporary restraining order oklahoma