This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Injunction Form Without Possession In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000299
Format:
Word;
Rich Text
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Description
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FAQ
If you believe that someone is likely to take an action that will violate your rights, you can ask a court to issue a preliminary injunction prohibiting (“enjoining”) the action until the case between you and the other party is over. It takes more than three weeks to get a preliminary injunction (sometimes much more).
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
A temporary restraining order (TRO) is a short-term pre-trial temporary injunction. To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.
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.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.