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

Minnesota 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

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

A prohibitory injunction is generally an attempt to maintain the status quo. A mandatory injunction, on the other hand, requires the respondent to do something: generally they must either stop a continuing wrongful omission or undo a wrongful act.

65.01Temporary Restraining Order; Notice; Hearing; Duration In the event that a temporary restraining order is based upon any affidavit, a copy of such affidavit must be served with the temporary restraining order.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

Description. An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.

How do I contest an order for protection? The respondent can contest an OFP by requesting a hearing before the judge who issued a temporary or ex-parte OFP. At the hearing, both parties can present evidence, including witness testimony, in order to establish whether an OFP is necessary.

Injunctions are given in many different kinds of cases. They can prohibit future violations of the law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion). Or they can require the defendant to repair past violations of the law.

Injunction - An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath.

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