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Emergency Injunction Form With Court In Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-000299
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Word;
Rich Text
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FAQ
A temporary restraining order is an emergency injunction that helps ensure the individual requesting the injunctive relief is protected from the actions of the other party. It “restrains” the other party from taking some act or that party will face contempt of court.
An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
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).
Ex parte orders are typically temporary. They usually remain in effect only until a full hearing can be held with both parties present, usually within 10 to 20 days, depending on the jurisdiction.
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
Ex parte orders are typically temporary. They usually remain in effect only until a full hearing can be held with both parties present, usually within 10 to 20 days, depending on the jurisdiction.
Denial of the ex parte motion likely meant the Court was not convinced that the immediate grant of your request was necessary to protect the individual or the individual's rights. Don't forget the ex parte motion is one of the few times when the court system does not offer both parties a level playing field.