Temporary Injunction Form For Federal Court In San Diego
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FAQ
You can also contact the courthouse directly where you wish to file an injunction to ask if they have a form for you to use, or if you have to draft your own injunction. Court have some forms for people to use, but there are several court filings that a form is not provided for.
Requests for mandatory injunctions are only granted if the facts are clearly favorable toward the moving party. When a court decides to issue a mandatory injunction, the injunction must be least oppressive while still protecting the plaintiff's rights.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer. This is especially important if the harasser has a lawyer or if the case is going to trial.
Generally, the law requires that you first try to settle your discrimination complaint by going through the administrative complaint process before you file a lawsuit. In other words, you generally cannot go directly to court to sue an agency.
In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
