North Carolina Order Granting Preliminary Injunction

State:
Multi-State
Control #:
US-01009
Format:
Word; 
Rich Text
Instant download

Description

This is an Order Granting a Preliminary Injunction against defendants. The order provides that the court having considered the motion and the evidence submitted in support of the motion, finds that the request is well taken and should be sustained.
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FAQ

The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is ?special relief?). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.

The test for obtaining a TRO or PI generally involves four factors: likelihood of success on the merits, likelihood of irreparable harm without preliminary relief, balance of equities, and public interest.

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

What is a preliminary injunction? A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.

To get the court to issue the preliminary injunction, the complaining party must establish, first, that he is likely to succeed on the merits of the claims in his lawsuit; and second, that he is likely to suffer irreparable harm unless the court enjoins the other party's conduct.

North Carolina Rules of Civil Procedure, Rule 65(b), to immediately enjoin [Father], and anyone acting in concert or participation with him, from contacting or attempting to contact the minor children or their foster parents, or seeing or attempting to see the minor children or their foster parents, in that immediate ...

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.

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm ...

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North Carolina Order Granting Preliminary Injunction