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Message #722 Restraining Orders and Injunctions

mp3 #722 Restraining Orders And Injunctions As Ways to Stop Others From Acting Against You (mp3 file)


If you want to take action to stop another person or company from doing something against your wishes or interests, it is necessary for you to get a special court order. There are three types of such court orders --- a temporary restraining order, a preliminary injunction and a permanent injunction. This message will define these special court orders and explain the procedures for obtaining each one.

A temporary restraining order is one which immediately orders another person or company to stop action to you and/or your property for a certain period of time. A temporary restraining order would, for example, stop someone from trespassing on your property. Review SmartLaw Message #560 for an explanation of court orders against domestic violence.

The temporary restraining order usually remains in effect until a special hearing can be held. Such hearings normally are scheduled within 15 days of the time the judge signed the temporary restraining order.

To obtain a temporary restraining order, you must file a lawsuit and show an immediate need for a temporary restraining order. If the judge is convinced that a need exists, the judge can usually sign a temporary restraining order without hearing from or notifying the other party. Most courts require however, that some minimum amount of notice be given to the opposing party.

When the hearing is held, following the issuance of a temporary restraining order, it is again up to the person who requested the temporary restraining order to convince the court that the order should continue in the form of a preliminary injunction.

An injunction may be defined as a legal order which prohibits a person or a group from carrying out a given action. An injunction also can order a given action to be done.

A preliminary injunction serves for a short time period, and its purpose is to keep things as they are until the case can come to trial and a final judgment can be made in court. In fact, a preliminary injunction is usually used only when a permanent injunction will also be requested. When filing a lawsuit for a preliminary injunction, you must say that you are also seeking a permanent injunction.

If you are asking the court for a preliminary injunction, it may be necessary for you to put up a bond, either by cash deposit or in the form of a surety bond, to provide a fund to compensate the other party for his damages if it is found that the restraining order or preliminary injunction should not have been granted. The court usually determines the amount of the bond. If a permanent injunction is granted after the judge has heard all the facts in the case, the bond is then returned or cancelled.

A permanent injunction is final, and usually is made when money damages are not an appropriate remedy, and the judge wants to prevent a continuing wrongdoing and irreparable harm. An example of this would be a case where there have been repeated trespasses on a person's land.

If you have further questions or need more information about restraining orders or injunctions, you may want to contact an attorney. If you do not have an attorney, look in your local telephone directory for the number of your county bar association, legal aid society or lawyer referral service. They will help you contact an attorney who can advise you. You may also wish to review SmartLaw Message #721. "How can you stop someone from annoying you?"

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