New Hampshire Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass

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Multi-State
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US-02096BG
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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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

What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.

A final order may be extended upon written motion of the plaintiff, with notice to the defendant. If the court, in its discretion, finds good cause for the extension, the court may extend the final protective order for one year on the first extension request, and thereafter, each extension may be up to five years.

You need to file the notice of appeal in the office of the clerk of the Supreme Court, but you do not need to provide any other copies of it to the Supreme Court. You must provide a copy of your notice of appeal to each of the parties (or to their attorneys, if they are represented by counsel).

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

It can be a crime and contempt of court if the abuser knowingly violates the order in any way. Contempt of court is when someone breaks a court order.

If so, both parties must complete financial affidavits. If either party disagrees with the ruling of the court, either may file an appeal with the Supreme Court within 30 days. However, the Supreme Court will not review the facts of the case.

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.

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New Hampshire Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass