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First, the applicant must demonstrate that he or she has no adequate remedy at law, and. Second, the applicant will suffer a substantial and irreparable injury if no injunction is granted.
Although injunction applications are often prepared with little time and few instructions, care must be taken to offer the court as much information as possible. A witness statement will almost always be required.
Injunctions are also used by a court when monetary restitution isn't sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.
For example, a temporary restraining order can be issued without notice by a federal court, but cannot exceed ten days without additional court proceedings. Temporary restraining orders may be issued without a court hearing and without informing the opposing party.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.