Oklahoma Order Granting Preliminary Injunction

State:
Multi-State
Control #:
US-01009
Format:
Word; 
Rich Text
Instant download

Description

This is an Order Granting a Preliminary Injunction against defendants. The order provides that the court having considered the motion and the evidence submitted in support of the motion, finds that the request is well taken and should be sustained.
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FAQ

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.

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm ...

A writ of preliminary injunction is issued to: [P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right.

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.

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.

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.

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Oklahoma Order Granting Preliminary Injunction