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

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Multi-State
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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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  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
  • Preview Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
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FAQ

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.

Victims of domestic abuse or violence living in North Carolina can file for a temporary restraining order during their family law case. This is known as an ?ex parte temporary protective order,? which is designed to protect the victim from further harm or harassment.

Injunctions. (a) Preliminary injunction; notice. ? No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration.

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 ...

TRO (TEMPORARY RESTRAINING ORDER) OR MOTION FOR RELIEF FROM JUDGMENT. LOCAL FORM CCF8-A, THE MOTIONS SECTION, (DOCUMENT 1) TWO PAGES. LOCAL FORM CCF8-B, THE NOTICE SECTION, (DOCUMENT 2) ONE PAGE. 1. This form can be used to either stop something from happening a (TRO), Temporary Restraining Order & Preliminary ...

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 temporary restraining order, or TRO, is similar to a preliminary injunction in that it is a pre-trial court order that enjoins or mandates another party's conduct. However, it is different in that TROs are more urgent and may be issued without notice to the other party.

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