Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
Permanent Injunctions In order to obtain a Permanent Injunction, a hearing is required with both Parties present. The Court must find that the injunction is in the Best Interest of the Child or that significant harm could exist in the absence of the injunction.
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.
Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the ...
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.
To obtain a permanent injunction under the common law in Texas, the applicant typically must plead and prove: ∎ The existence of a wrongful act. ∎ The existence of imminent harm. ∎ The existence of irreparable injury.
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.
In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
The party asking for an injunctive relief must prove three things: 1) that there is a cause of action against the defendant; 2) that the party seeking the injunction has a right to the property in question; and 3) that the objects in question are in danger of “probable, imminent, and irreparable injury.” In the Strube ...