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Types Of Injunction Order In Virginia
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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.
Under the Code of Civil Procedure, 1908, Section 91 states about the institution of a suit for a declaration and injunction in cases of public nuisance or other wrongful acts affecting or which may affect the public, by the Advocate- General or two or more persons with the permission of the court.
In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to ...
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
Some states differentiate between protective orders and restraining orders. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order.
In a protective order case, the petitioner has the burden of proof. However, unlike in a Virginia criminal case, the burden of proof is not beyond a reasonable doubt. It's a much lower burden of “good cause”. Think 50% plus the weight of a feather.
Call (757) 267-4949! Having a protective order placed against you is a serious legal matter which can have far-reaching consequences. Besides prohibiting certain contact with the individual who issued the protective order against you, a protective order will show up on criminal background checks.
This means that if you have been hit, kicked, punched, pushed, shoved, bitten, burned, sexually assaulted, held against your will, forcefully restrained, cut with an object, stalked, threatened with a gun, or other weapon and any of these things caused an injury to your body; or someone threatened to do any of these ...
(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the parties, a remedy in equity is warranted; and (4) that the public interest would not be disserved by ...