Louisiana Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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US-01130BG
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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.

You may face consequences for violating the terms of a Louisiana protective order whether or not physical harm toward the victim occurred. A first conviction of violating a protective order with no battery to the protected person can result in a fine of up to $500, incarceration for up to 6 months, or both.

To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...

An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.

The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.

The court may grant a Temporary Restraining Order (TRO) if it finds it is necessary to protect the victim. The TRO will go into effect immediately and will last until the date of the court hearing.

An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or ...

In law, an injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory).

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Louisiana Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right