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.
Preliminary Injunction Form Within In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Requests for mandatory injunctions are only granted if the facts are clearly favorable toward the moving party. When a court decides to issue a mandatory injunction, the injunction must be least oppressive while still protecting the plaintiff's rights.
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 ...
Preliminary Injunction Standard. A preliminary injunction is proper where the moving party proves: Likelihood that it will ultimately prevail on the merits; and. That relative interim harm to the parties from issuance of the injunction weights in its favor.
In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).
Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer. This is especially important if the harasser has a lawyer or if the case is going to trial.
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.