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Difference Between Temporary Injunction And Stay Order In Orange
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Multi-State
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Orange
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US-000299
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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.
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.
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
With a preliminary injunction, the trial court must make that deci- sion at the very beginning of the lawsuit, well before it determines the merits. With a stay, the court must make that decision at the very beginning of the appeal, well before it determines the merits of the appeal.
An injunction pending appeal is most likely in a civil case in which enforcement of the judgment awarded in trial court is stayed, or ordered by the court to be enjoined from enforcement and remain inactive until the appeal is decided.
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.
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.
A stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding.
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.
More info
This is called a stay. The OSC is given to the court for a Judge to review and sign.The temporary restraining order is in effect for 15 days. See Table 2 for Notice requirements. Temporary. Injunction. An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. Learn how to file restraining orders for domestic violence, including steps for temporary and final orders, child custody, and resources for victims. There are no fees associated with filing a restraining order. Impulse to stay out of the way in times of crisis. The judge may issue a temporary injunction to petitioner before a hearing is held. To protect you or your children, you can also ask for a domestic violence restraining order.