65.01 Injunctive Relief. Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.
Rule 65.Injunctions
Last amended July 1, 2004 · Last verified July 2, 2026
In one sentenceRule 65 sorts injunctive relief into restraining orders, temporary injunctions, and permanent injunctions, sets strict specificity, notice, bond, and duration requirements for each, and lets Tennessee courts relax its procedures in domestic relations cases.
Full Text of Rule 65
65.02 Requisites of Restraining Order or Injunction -- Parties Bound.
1 Every restraining order or injunction shall be specific in terms and shall describe in reasonable detail, and not by reference to the complaint or other document, the act restrained or enjoined.
2 Every restraining order or injunction shall be binding upon the parties to the action, their officers, agents and attorneys; and upon other persons in active concert or participation with them who receive actual notice of the restraining order or injunction by personal service or otherwise.
65.03 Restraining Order.
1 When Authorized. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
A specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition; and
B the applicant's attorney (or pro se applicant) certifies in writing efforts made to give notice and the reasons why it should not be required.
2 Officers Who May Grant or Dissolve. A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain. A restraining order may be dissolved on motion by the judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction. Before a restraining order may be granted or dissolved by one other than the judge of the court in which the action is pending, or is to be filed, the party applying therefor must show by affidavit the disqualifications, disability or absence of the judge and the fact that no judge has refused such relief.
3 Issuance, Signing and Filing. Every restraining order shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it, and shall be forthwith filed in the clerk's office.
4 Service. A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04 and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons.
5 Binding Effect and Duration. A restraining order becomes effective and binding on the party to be restrained at the time of service or when the party is informed of the order, whichever is earlier. Every temporary restraining order granted without notice shall expire by its terms within such time after entry, not to exceed fifteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period, or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record.
65.04 Temporary Injunction.
1 Notice. No temporary injunction shall be issued without notice to the adverse party.
2 When Authorized. A temporary injunction may be granted during the pendency of an action if it is clearly shown by verified complaint, affidavit or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss or damage pending a final judgment in the action, or that the acts or omissions of the adverse party will tend to render such final judgment ineffectual.
3 Officers Who May Grant, Modify or Dissolve. A temporary injunction may be granted, modified or dissolved on motion by a judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.
4 Issuance, Filing and Entry. Every temporary injunction shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it and shall forthwith be filed in the clerk's office and entered.
5 Binding Effect and Duration. A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motion or until a permanent injunction is granted or denied.
6 Findings of Fact and Conclusions of Law. In granting, denying or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action as required by Rule 52.01.
7 Consolidation of Hearing with Trial on Merits. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision [65.04 (7)] shall be so construed and applied as to save to the parties any rights they may have to trial by a jury.
65.05 Injunction Bond.
1 Except in such actions as may be brought on pauper's oath, no restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety in such sum as the court to whom the application is made deems proper, for the payment of such costs and damages as may be incurred or suffered by any person who is found to have been wrongfully restrained or enjoined. The address of the surety shall be shown on the bond.
2 A surety upon a bond under the provisions of this Rule submits himself to the jurisdiction of the court. The surety's liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least twenty (20) days prior to the date of the hearing thereon.
3 A party restrained or enjoined may move the court for additional security; and if it appear on such motion that the surety is insufficient or the amount of the bond is insufficient, the court may vacate the restraining order or temporary injunction unless within a reasonable time sufficient security is given.
65.06 Enforcement of Restraining Orders and Injunctions. Upon a showing by affidavit or other evidence of the breach or threatened breach of a restraining order or injunction, compliance with such order or injunction may be compelled or its disobedience punished as a contempt by a judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.
65.07 Exceptions. The provisions of this rule shall be subject to any contrary statutory provisions governing restraining orders or injunctions. In domestic relations cases, restraining orders or injunctions may be issued upon such terms and conditions and remain in force for such time as shall seem just and proper to the judge to whom application therefor is made, and the provisions of this rule shall be followed only insofar as deemed appropriate by such judge.
Advisory Commission Comments
Advisory Commission Comments [2009].
Rule 65.03(1) is rewritten to require in most instances notice to the adverse party before the court issues a temporary restraining order.
Amendment History
- As amended July 1, 1979.
- as amended by order adopted December 10, 2003, effective July 1, 2004.
Plain-English Summary
Rule 65.01 divides injunctive relief into three tiers: a restraining order, which may only stop someone from doing something; a temporary injunction, which can either restrain or affirmatively direct an act while the case is pending; and a permanent injunction, entered as part of a final judgment. Rule 65.02 requires every restraining order or injunction to describe the prohibited or required conduct in reasonable detail on its own terms, not by pointing back to the complaint or some other document, and it binds not only the parties and their attorneys but anyone who acts in active concert with them and has actual notice of the order. Tennessee courts have enforced the specificity requirement with real teeth, striking down orders that lean on vague standards instead of objective ones.
Rule 65.03 governs restraining orders, which a court may issue without notice to the other side only on a showing, by affidavit or verified complaint, that the applicant will suffer immediate and irreparable harm before the other side can be heard, backed by the applicant’s written account of what efforts were made to give notice and why more could not be done. Only the judge presiding over the case, or a substitute judge if that judge cannot act, may grant or dissolve the order, and the order has to be endorsed, signed, and filed before it takes effect, then served on the restrained party the same way a summons would be. A restraining order issued without notice expires within 15 days unless extended once, for good cause, for a like period, or for longer if the restrained party agrees, with the reasons for any extension entered on the record.
Rule 65.04 covers temporary injunctions, which cannot issue without notice to the other side and require a clear showing that the movant’s rights are being or will be violated, that irreparable harm will follow before final judgment, or that the other side’s conduct threatens to make any eventual judgment meaningless. The court has to set out its findings of fact and conclusions of law when granting, denying, or modifying one, and it may consolidate the injunction hearing with a full trial on the merits, carrying forward any evidence already taken so it need not be repeated. Rule 65.05 requires a bond before any restraining order or temporary injunction issues, except for a party proceeding on a pauper’s oath, covering the costs and damages someone wrongfully restrained might suffer, and it lets a surety’s liability on that bond be enforced by motion rather than a separate lawsuit. A restrained party who thinks the bond is too small can move for additional security, and the court can dissolve the order if adequate security is not provided.
Rule 65.06 lets a court compel compliance with a restraining order or injunction, or punish disobedience as contempt, on a showing of breach or threatened breach. Rule 65.07 subordinates the whole rule to any conflicting statute, and it lets a court hearing a domestic relations case relax the rule’s ordinary procedures however that judge finds appropriate — though Tennessee courts have made clear that flexibility does not excuse ignoring the specificity requirement that keeps a restrained party informed of exactly what conduct the order covers.
Frequently Asked Questions
Can a Tennessee court issue a restraining order without notifying the other side?
Only on a specific showing. Rule 65.03 requires an affidavit or verified complaint clearly showing immediate and irreparable harm before the other side can be heard, plus a written account of the efforts made to give notice and the reasons more could not be done.
How long does an ex parte restraining order last?
15 days from entry. Rule 65.03 lets that period be extended once, for good cause, for a like period, or longer if the restrained party agrees, with the reasons for any extension placed on the record.
Does a party have to post a bond to get a restraining order or temporary injunction?
Generally yes. Rule 65.05 requires a bond covering the costs and damages a wrongfully restrained party might suffer, except for a party proceeding on a pauper’s oath, and lets the restrained party move for additional security if the bond looks insufficient.
Can a temporary injunction be granted without a hearing on the merits?
The court can consolidate the injunction hearing with a full trial on the merits under Rule 65.04. When it does not consolidate, evidence taken at the injunction hearing that would be admissible at trial still becomes part of the trial record without being repeated.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 65). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: injunctionsrestraining ordertemporary injunctionpermanent injunctioninjunction bondTRO
Advisory Commission Comments.
The distinctions made in this Rule between restraining orders, temporary injunctions and permanent injunctions have been made in practice by some trial judges and have not been made by others. The Committee felt that uniformity in the handling of these matters was desirable. It was recognized that in the handling of domestic relations cases, some departure from the handling suggested by these rules might be necessary, and the exception stated in Rule 65.07 was made accordingly.