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Permanent Injunction Without Declaration In Massachusetts
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Simpliciter a suit for permanent injunction was filed without seeking a declaration of the rights vested in the respondents-plaintiffs on the basis of documents produced by them on record, which was not maintainable.
You may need to file a motion to vacate or modify the Permanent Injunction You can also attach evidence to the motion. You'd file a motion with the court and serve it upon the petitioner. The judge will set a date for a hearing.
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.
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. See, e.g., Roe v. Wade 410 US 113 (1973).
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 be entitled to a hearing to determine whether to dissolve an injunction, a person must show a change in the circumstances and file a motion to vacate, dissolve or modify the injunction or otherwise get rid of the injunction.
Just because a judge issued a final injunction in your case does not mean they were right. Often times, judges get it wrong or the record is insufficient to uphold a final injunction. Many times injunctions are overturned by the appellate courts for a variety of reasons.
The party seeking a preliminary injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. Irreparable harm means that the harm cannot be adequately compensated by monetary damages or any other remedy except an injunction.
(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.
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 ...