Colorado Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction
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The standard for consideration of a motion for a preliminary injunction in Colorado is whether the moving party can demonstrate (1) a reasonable probability of success on the merits; (2) a danger of real, immediate, and irreparable injury which may be prevented by injunctive relief; (3) that there is no plain, speedy, ...
Rule 365 - Injunctions, Restraining Orders and Orders for Emergency Protection (a)Civil Protection Orders. No civil protection order, restraining order, or injunction under Title 13, Article 14, shall be issued by the court, except as provided therein.
A preliminary injunction is similar to the temporary restraining order (TRO). The main difference is a TRO can be requested and granted by one party, without notice to the other party. The TRO is just that ? temporary ? usually only lasting until a hearing for a preliminary injunction can be scheduled.
A writ of preliminary injunction is issued to: [P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.
A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.
A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days. Within that ten day period, the court must then conduct a hearing on notice to the adverse party of the plaintiff's motion for preliminary injunction.