Difference Between Temporary Injunction And Stay Order
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How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
As has become clear from the above, an injunction is applicable against a person while an order of stay operates against a court. An injunction operates as soon as it is issued but a stay order operates only when it is communicated to the court to which it is issued (Mulraj v. Murti Raghonathji Maharaj, 1967).
Simply put a restraining order is temporary. The injunction is something ordered by the judge that can either be permanent or for a specific period of time.
Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary.
Interlocutory or Interim Injunction An interlocutory injunction is a type of temporary injunction, which is operational during the pendency of the case before the court. Hence, an interlocutory injunction can compel or prevent a party from doing certain acts, pending the final determination of the case.