New Mexico 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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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

How Can I Get A Restraining Order? As previously discussed, in New Mexico, emergency orders can only be requested by law enforcement and permanent orders can only be granted by a judge after a court hearing. However, temporary orders of protection can be requested at any time at your local district courthouse.

The essence of this rule is to preclude restriction of one's conduct or activities without first giving notice and a hearing to the one to be restrained. In re Doe, 1983-NMCA-025, 99 N.M. 517, 660 P. 2d 607. Notice is necessary for consolidated hearing on injunction.

Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.

To file a lawsuit you must fill out a Civil Complaint form, which can be obtained from: Customer Service on the 1st floor of the Courthouse; The Self-Help Center; or. The Metropolitan Court website. (.metrocourt.state.nm.us)

The purpose of a motion to dissolve an injunction is ?to provide a means to show changed circumstances or changes in the law that require modification or dissolution of the injunction; the purpose is not to give an unsuccessful party an opportunity to relitigate the propriety of the original grant.?

Written order. Whenever counsel undertakes to represent a defendant in any criminal action, he will file a written entry of appearance in the cause, unless he has been appointed by written order of the court. For the purpose of this rule, the filing of any pleading signed by counsel constitutes an entry of appearance.

Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.

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