Art. 3608 Damages for wrongful issuance of temporary restraining order or preliminary injunction

If someone gets a temporary restraining order or preliminary injunction against you, and it turns out that order should never have been issued, you may be able to get money back for the harm it caused you. This rule lets the court award you damages if the order is later thrown out or "dissolved" because it was wrongly granted in the first place.

You can ask for these damages either through a motion to dissolve the order or through a separate claim you file back against the person who requested it. The court can also make that person pay for your attorney's fees, specifically the fees you spent trying to get the wrongful order lifted. This applies whether the order gets dissolved quickly through a motion or later after a full trial.

In simple terms, this rule protects people from being harmed by court orders that should not have been issued. If you had to hire a lawyer to fight an unfair restraining order or injunction, you may be able to recover both your losses and your legal costs.