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.
Permanent Injunction Order With Injunction In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000299
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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.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
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.
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.
You may need to file a motion to vacate or modify the Permanent Injunction You can also attach evidence to the motion. You'd file a motion with the court and serve it upon the petitioner. The judge will set a date for a hearing.
Injunctions in California An inadequate remedy at law; A serious risk of irreparable harm absent injunctive relief; A likelihood that plaintiff will prevail on the merits of the controversy; and, A balancing test of the harm to the defendant in granting the injunction versus the harm to the plaintiff in withholding it.
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).
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
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If you click on the form number in the first column you must print it to fill it out. 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. Order Granting Plaintiff's Motion for Permanent Injunction ; Case Name: Emily Q, et al v. Diane Bonta, et al ; Docket Date: Friday, March 30, 2001. Permanent injunctions are final but can be appealed to a higher court. Filed a motion for temporary restraining order or, in the alternative, preliminary injunction. ECF. A temporary restraining order was issued. Respondent prayed for preliminary and permanent injunctions and applied ex parte for a temporary restraining order. Permanent injunction; stay pending appeal.