This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
For instance, if a new company wants to build overtop an old gravesite, the owner of the land could file an injunction against the company. The landowner would be the plaintiff and the company trying to build would be the defendant. An injunction would be appropriate in this case because it prevents irreparable harm.
Pursuant to Local Rule section 2.35, a party seeking an ex-parte order shall notify the parties no later than a.m. the court day before the ex-parte appearance, absent a showing of exceptional circumstances pursuant to California Rules of Court 3.1203 .
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
If you received any of these forms, someone asked for a restraining order against you: Notice of Court Hearing (form DV-109) Request for Domestic Violence Restraining Order (form DV-100) Temporary Restraining Order (form DV-110)