Rule 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. [As amended July 1, 1979.]

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.

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.

See Rule 65.07 on domestic relations cases.

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