New York Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction

State:
Multi-State
Control #:
US-01013
Format:
Word; 
Rich Text
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Description

This is a sample Complaint for a restraining order and injunction. You must adapt the language to the specific facts of your case, but the sample can be a useful model. The Complaint is not specific to any state and should be modified to comply with local court rules.
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  • Preview Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction
  • Preview Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction
  • Preview Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction
  • Preview Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction

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FAQ

In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party's favor. Doe v. Axelrod, 73 N.Y.

A preliminary injunction may be granted in any action where it appears that the defendant threatens or is about to do, or is doing or procuring or suffering to be done, an act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, or in any action ...

A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.

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.

A preliminary injunction is similar to the temporary restraining order (TRO). The main difference is a TRO can be requested and granted by one party, without notice to the other party. The TRO is just that ? temporary ? usually only lasting until a hearing for a preliminary injunction can be scheduled.

For example, if a lawsuit is filed challenging the validity of a new government regulation, the court might issue a preliminary injunction preventing the government from enforcing the regulation until the court can decide whether the regulation is valid.

In New York, an ?order of protection? is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.

A temporary restraining order (TRO) is a court order that preserves the status quo until the court can decide on a party's application for a preliminary injunction or permanent injunction. An injunction is a court order prohibiting a party from taking certain actions, or commanding a party to take certain actions.

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New York Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction