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.
Emergency Injunction Form With Two Points In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Mandatory Injunction: 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.
A temporary restraining order is an emergency injunction that helps ensure the individual requesting the injunctive relief is protected from the actions of the other party. It “restrains” the other party from taking some act or that party will face contempt of court.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
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).
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.
How to ask to change or end a restraining order Ask to change or end the restraining order. Fill out forms and file them with the court. Serve the other side. Another adult , not you, delivers a copy of the request to the other side. Prepare for and go to court. Prepare for court and go to your court date. Final steps.
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Note that when you list the forms, there are two columns of numbers. If you click on the form number in the first column you must print it to fill it out.This form is required in Santa Clara County, if you are asking the Judge to make immediate orders without the other party being present for a hearing. This guide includes a template complaint with cause of action for injunction. It will not fit your circumstances exactly and must be customized. The County of Santa Clara Sheriff's Office can attempt to serve a variety of Restraining Orders on your behalf. Most of which can be done free of charge. This guide is designed to help you fill out the forms yourself. It is not intended to provide legal advice nor strategy as to how to complete the case. Application for Temporary Restraining Order.