Difference Between Temporary Injunction And Stay Order In San Antonio
Description
Form popularity
FAQ
It is an order from a court to do or not do something. It can also be used to stop someone from taking certain actions, such as trespassing on private property or using someone else's trade secrets. An injunction can be temporary or permanent and is usually issued when there is an urgent need for protection or remedy.
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 are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt.
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.
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.
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.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.
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.
