Injunctive Relief Without Posting Bond In Arizona
Description
Form popularity
FAQ
Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions.
In such cases, the judge may issue a “no bond hold,” which means the person will remain in custody until their trial.
A no bond decision often results in pretrial detention, meaning the defendant must remain in custody until their trial or the resolution of their criminal case. This can have a significant impact on the defendant's ability to prepare for their trial, their defense and maintain their employment and family relationships.
No Bond Hold This could happen if the defendant is considered a flight risk, poses a danger to others, or if there are reasons to believe they may tamper with evidence or intimidate witnesses. In such cases, the judge may issue a “no bond hold,” which means the person will remain in custody until their trial.
Even if someone were to post bail for him at a bail bond agency, if there is a hold due to a case in another county or state, then effectively it is no bail, because he can't be released. If the guy has a warrant outstanding in another state or county, that hold would keep him there.
A preliminary injunction bond is generally required to be posted by the plaintiff in a court case when a plaintiff wants to prevent the other party (the defendant) from a certain action. This type of bond indemnifies the defendant against loss if it is determined that the injunction should not have been granted.
The plaintiff has the burden of proving that the defendant has breached the contract and that injunctive relief is necessary to prevent further harm. The plaintiff must also prove that the harm caused by the breach cannot be adequately compensated through monetary damages alone.
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
What Is an Example of Injunctive Relief? Theft of Clients: If a former employee poaches a company's clients, the innocent party may try to stop the former client from causing further damage. Breach of Contract: Injunctive relief is an effective way to stop an offending party from continuing to breach a contract.
Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party.
