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Difference Between Temporary Injunction And Stay Order In San Bernardino
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Multi-State
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San Bernardino
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US-000299
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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.
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.
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.
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.
To cover those situations in which notice cannot be reasonably given, Rule 65 provides for temporary restraining orders (or TROs), A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.
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.
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
An injunction will show up on a person's criminal background check in spite of being a civil proceeding, which can carry some hefty consequences. This means that any potential landlords, employers, schools and organizations will be able to obtain a record of your criminal convictions.