Oklahoma Bond on Temporary Restraining Order

State:
Multi-State
Control #:
US-01008
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

As part of the automatic temporary injunction, the court may appoint who takes care of certain bills until more permanent orders can be put in place. Also, the automatic temporary injunction in Oklahoma covers temporary support and child custody. It prohibits parents from taking or hiding their children.

The application for temporary order addresses certain matters that will not wait for the pendency or the completion of a divorce decree. These matters include child custody, child visitation, child support, and things that need immediate attention and will not wait for the final decree.

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. Within that ten day period, the court must then conduct a hearing on notice to the adverse party of the plaintiff's motion for preliminary injunction.

Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...

The court will generally take into consideration four elements when a motion is received: the likelihood of the movant's success on arguing the merits, the presence of irreparable injury or prejudice, the possibility and extent of injury to the restrained or enjoined party, and any public interest.

An automatic temporary injunction in Oklahoma is used at the beginning of a divorce proceeding. As soon as a petition for dissolution of marriage is filed, the court stops the parties from certain actions to preserve the status quo until more permanent orders can be put in place.

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.

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Oklahoma Bond on Temporary Restraining Order