What is the difference between an injunction and a stay order?

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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Difference Between Temporary Injunction And Stay Order In Arizona

Category:

Animals - Pets

State:

Multi-State

Control #:

US-000299

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Description

The difference between a temporary injunction and a stay order in Arizona lies primarily in their purpose and effect. A temporary injunction is a court order that restrains a party from acting in a certain way until a final decision is made in a case, aiming to prevent harm or maintain the status quo. In contrast, a stay order halts the proceedings or the enforcement of a judgment, often pending appeal or further proceedings. Key features include the necessity of demonstrating irreparable harm for injunctions and legal grounds for stays, such as the likelihood of success on appeal. Filling out related forms requires attention to specific requirements, such as party information and details of the effective date of the orders. These forms can greatly assist the target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, by streamlining the legal process and ensuring necessary protections are in place. Understanding these distinctions is essential for effectively advocating for client interests in legal proceedings.

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FAQ

Temporary Restraining Orders (TRO) TROs are issued for a period of 21-25 days unless continued, at which time there is a hearing. If a “permanent” restraining order (DVRO/CHRO) is issued after the hearing, it can have a duration of up to five years.

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.

Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.

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.

Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse 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.

Once an order has been served, it will be valid and enforceable for 2 years from the date it was served. If it is not served, it will expire 1 year from the date the judge issued it.

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.

The Apex Court discussed law on interim relief (Temporary injunction): The primary object of filing suit challenging validity of the order of demolition is to restrain such demolition with the intervention of the court. In such a suit the plaintiff is more interested in getting an order of interim injunction.