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Permanent Injunction For In Massachusetts
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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.
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.
Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), is applicable to all other litigants seeking preliminary injunctions, and requires that a party seeking a preliminary injunction must establish: (1) it is likely to succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of ...
Injunctions in California An inadequate remedy at law; A serious risk of irreparable harm absent injunctive relief; A likelihood that plaintiff will prevail on the merits of the controversy; and, A balancing test of the harm to the defendant in granting the injunction versus the harm to the plaintiff in withholding it.
For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.
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.
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'.
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.
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.