Under what circumstances can a TRO be contested?

A temporary restraining order (TRO) is a short-term court order intended to preserve the status quo until a more extensive hearing can be conducted. For a TRO to be granted, the movant typically must demonstrate that there is a likelihood of success on the merits of the case and that there is an imminent threat of irreparable harm if the order is not issued.

The circumstance regarding the absence of irreparable harm is particularly critical because courts are generally unwilling to grant a TRO unless it is established that failing to do so would result in harm that could not be adequately remedied by monetary damages or other legal relief. If the party opposing the TRO can convincingly argue that there is no imminent threat of irreparable harm, they can effectively challenge the basis for issuing the order. This highlights the importance of irreparable harm in TRO proceedings.

While the other choices may relate to aspects of a case or evidentiary concerns, they do not directly challenge the fundamental requirement for irreparable harm that justifies the issuance of a TRO. Thus, absence of irreparable harm stands out as a primary rationale for contesting a TRO, making it the correct answer.