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Permanent Injunction For Protection In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-000299
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Word;
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FAQ
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
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.
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
Injunction Permanent It has suffered an irreparable injury; The remedies available at law, such as monetary damages, are inadequate to compensate for that injury; Considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted.
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.
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).
Restraining orders are provisional measures or temporary fixes pending the final case determination. However, injunctions last for extended periods and are granted after both parties in the case have been heard.
If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).