Permanent Injunction For Suit In Clark
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FAQ
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.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
In a suit for permanent injunction to restrain the defendant from interfering with plaintiff's possession, the plaintiff will have to establish that as on the date of the suit he was in lawful possession of the suit property and defendant tried to interfere or disturb such lawful possession.
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.
You can also contact the courthouse directly where you wish to file an injunction to ask if they have a form for you to use, or if you have to draft your own injunction. Court have some forms for people to use, but there are several court filings that a form is not provided for.
