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Difference Between Temporary Injunction And Stay Order In Alameda
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Alameda
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US-000299
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A temporary restraining order, or TRO, is similar to a preliminary injunction in that it is a pre-trial court order that enjoins or mandates another party's conduct. However, it is different in that TROs are more urgent and may be issued without notice to the other party.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
An injunction refers to an order that has been issued by the court to protect a person by restricting another person's behaviour, or requiring them to take a certain action. Injunctions can be sought in relation to: Personal protection. Property matters. Protecting the welfare of a child.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
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A mandatory (do something) injunction is automatically stayed pending appeal. We can answer questions about your case, help you figure out which forms you need and how to fill them out, and explain different legal options.Provisions that do not conflict with the most recent civil restraining order must be enforced. (The clerk will fill out this part.) Clerk's Certificate. Need to fill out Alameda county restraining order paperwork. Just starting to fill out paperwork. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. Judicial Branch of California. Any petition for an Order of Protection sought against a person who is less than twelve years of age must be filed in the Juvenile Court. (c) Form of Temporary Restraining Order; (d) Notification to Clerk. 652.