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Difference Between Temporary Injunction And Stay Order In Hennepin
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Multi-State
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Hennepin
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US-000299
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It is an order from a court to do or not do something. It can also be used to stop someone from taking certain actions, such as trespassing on private property or using someone else's trade secrets. An injunction can be temporary or permanent and is usually issued when there is an urgent need for protection or remedy.
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.
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.
Injunctions are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt.
An injunction could be of two kinds, namely, temporary and perpetual as laid down under Section 36 of the Specific Relief Act. The interlocutory injunctions are those which continue until the hearing of the cases upon the merits, or generally until further order.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
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.
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.
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.
