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Complaint or Petition for Temporary Restraining Order and Injunction...

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

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

Control #:

US-01130BG

Format:

Instant download

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

To get a Domestic Relationship PPO, you must prove that there is reasonable cause to believe that the abuser might physically hurt you, threaten you, stalk you, or do something else that interferes with your personal liberty or safety. Reasonable cause is a lower level of proof than what is required in a criminal case.

To get a stalking PPO, you must show that there have been at least two incidents of harassment. Harassment is contact you don't want. It has no valid purpose and causes you emotional harm or fear.

Once a Personal Protection Order (PPO) is filed, the Respondent (the person the PPO protects you from) can ask the judge to change or end it. If your PPO was granted ex parte, the Respondent has 14 calendar days after finding out about the PPO to file a motion to modify or terminate it.

File your motion in the court that issued the PPO. There will be a court hearing within 14 days of when you file your motion. At the hearing, the judge will decide whether to grant your motion.

An order granting an injunction or restraining order (1) must set forth the reasons for its issuance; (2) must be specific in terms; (3) must describe in reasonable detail, and not by reference to the complaint or other document, the acts restrained; and (4) is binding only on the parties to the action, their officers, ...

To get a domestic relationship PPO, you must show the judge that the abuser is likely to assault, threaten, harass, or stalk you. You must also show that you and the abuser have a domestic relationship. You have a domestic relationship with the abuser if they are: Your current or ex-spouse.

MCL 750.81d is a law that is commonly referred to as ?R and O? or ?Resisting and Obstructing?. This is a felony charge punishable by imprisonment for not more than 2 years or a fine of not more than $2,000 or both.