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

Missouri 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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How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

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FAQ

When an appeal is taken from a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

Rule 94.03 states: Application for a writ of mandamus shall be made by filing a petition in mandamus in the appropriate court.

Rule 92.02 provides that ?The court shall not grant a temporary restraining order unless the party seeking relief demonstrates that immediate and irreparable injury, loss, or damage will result in the absence of relief.?

97.03. Application for a writ of prohibition shall be made by filing a petition in prohibition in the appropriate court. The petition in prohibition shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue.

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

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.

A party seeking a temporary restraining order should provide evidence on the following factors to be considered by a Court: (1) threat of irreparable harm, (2) the balance between the harm and the injury that granting the injunction will inflict on any of the other parties, (3) the probability that the movant will ...

Rule 92.02 provides that ?The court shall not grant a temporary restraining order unless the party seeking relief demonstrates that immediate and irreparable injury, loss, or damage will result in the absence of relief.?

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