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Case 2:13cv08843JFWPLA Document 20 Filed 12/03/13 Page 1 of 62 Page ID #:889 /) 1 JONATHAN E. NUECHTERLEIN General Counsel 2 CHARLES A. HARWOOD Regional Director 3 LAURA M. SOLIS, W A State Bar No.

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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.

A party seeking a temporary restraining order must give reasonable notice of: (1) the date and time, and location where the order to show cause will be presented and (2) the relief being requested.

A temporary restraining order (“TRO”) is essentially an emergency injunction, granted by a court pending its decision on an application for a preliminary injunction.

In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party's favor. Doe v. Axelrod, 73 N.Y.

No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon.

A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.

The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission to appeal in any case specified in section 6301.

A preliminary injunction is similar to the temporary restraining order (TRO). The main difference is a TRO can be requested and granted by one party, without notice to the other party. The TRO is just that – temporary – usually only lasting until a hearing for a preliminary injunction can be scheduled.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232