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Interim Order For Injunction In Texas
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An order requiring a party to do, or refrain from doing, a certain thing pending the final trial of a claim.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions , Temporary restraining orders and preliminary injunctions . Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days' absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).
Circumstances When a Temporary Injunction May Not Be Granted: Absence of Prima Facie Case: Order 39 Rule 1 of the Code of Civil Procedure (CPC): ing to this rule, a temporary injunction may not be granted if the applicant fails to establish a prima facie case.
Temporary, time-limited injunction that provides immediate relief until a hearing can be held. Only valid for 14 days and can be extended another 14 days.
A TRO lasts for 14 days or until your temporary orders hearing, whichever is sooner.
To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. “Imminent” means that the injury is relatively certain to occur rather than being remote and speculative.
A Temporary Order lasts until further order by the Court or until the parties reach another agreement.
(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.
The party seeking a preliminary injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. Irreparable harm means that the harm cannot be adequately compensated by monetary damages or any other remedy except an injunction.