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.
Often, these two terms are used interchangeably, even though there are differences between them. In Texas, a restraining order is often linked to a civil case, whereas a protective order is usually associated with family violence.
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).
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.
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.
It typically takes 2 weeks to get a final protective order, but this may vary depending on availability of hearing dates, ability to serve the respondent with notice of the hearing date, your ability to come into the office and submit an affidavit, and your ability to attend the hearing.
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.
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.