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Injunction Vs Court Order In Fairfax
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Multi-State
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Fairfax
Control #:
US-000299
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FAQ
Emergency protective orders may only take a single day Depending on when someone decides to leave and the support that they have, it is often possible to obtain a same-day hearing in front of a judge. That judge can then grant an emergency protective order. Such orders typically only last for 72 hours.
An injunction is a legal ruling by a judge that mandates an individual or other entity to either stop or start some action. The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions.
Second, the preliminary injunction analysis requires considering the plaintiff's reasonable likelihood of success on the merits, whereas a permanent injunction is not even being considered until the plaintiff has won.
Restricted Actions: This outlines the behaviors you are prohibited from doing. This could include contacting the petitioner (the person who filed for the injunction) by any means (phone, text, email, social media), going near their home, workplace, or children's school, or even owning firearms.
— A court may issue a preliminary injunction only if it first determines that the movant will more likely than not suffer irreparable harm without the preliminary injunction.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability.
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
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.