This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
North Dakota Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
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Multi-State
Control #:
US-CMP-10021
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Word;
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Its relief is limited, however, as a TRO only lasts for ten days or until the court can hear a motion for a preliminary injunction, which requires notice to the other side and a hearing. While a preliminary injunction may restrict the same behavior as a TRO, it remains in force until revoked by the court.
A temporary restraining order (often referred to as a ?TRO?) is just one of several emergency business litigation tools available to litigants facing imminent and irreparable harm to their businesses.
- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.
Any party subject to, or potentially subject to, a temporary restraining order, preliminary injunction, or permanent injunction may move the court to clarify whether the order or injunction would apply to specified conduct. (h) Security. (1) In General.
In North Dakota, disorderly conduct ?means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. For the purposes of this section, disorderly conduct includes human trafficking or attempted human trafficking as defined in this title.
A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -IX of CPC and may be granted at any stage of the suit.
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.
