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

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Multi-State
Control #:
US-01130BG
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Word; 
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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

It is effective for up to 20 days. The abuser does not get prior notice that you are requesting a temporary order of protection from the court. However, the abuser will be served with a copy of the order after it is granted.

Preliminary injunctions generally last until the end of the lawsuit. Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely.

525. An injunction is a writ or order requiring a person to refrain from a particular act.

Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.

A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.

An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.

Preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to perform to refrain from performing a particular act or acts.

A writ of preliminary injunction is issued to: [P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right.

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