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To obtain a bond withdrawal, the surety must file a motion to be heard before the judge. THE JUDGE WILL ISSUE A WARRANT FOR THE DEFENDANT'S ARREST, AND THE DEFENDANT MUST BE IN CUSTODY BEFORE THE SURETY IS RELEASED FROM RESPONSIBILITY.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.
A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a ...
Order IX, Rule 1: This rule allows the court to grant a temporary injunction under CPC when it's considered fair and appropriate to do so in order to prevent a breach of an obligation or harm caused by a genuine fear of such a breach.
In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiff's likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is ...
The terms 'Interim Injunction' and 'Interlocutory Injunction' are often used interchangeably, however there is an important distinction. An Interlocutory Injunction is obtained prior to, and remains in force until, trial.