Oregon Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunction with Application Therefor

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This form is a Temporary Restraining Order and Order to Show Cause regarding a Preliminary Injunction to be used in connection with a trade secrets claim.

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FAQ

Meaning of mandatory injunction in English an official order given by a court of law telling someone that they must do something or stop doing something: A mandatory injunction may be granted to order a person to demolish a wall that he has built in breach of covenant.

A preliminary injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.

It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...

Preliminary injunction defined; who may grant. (a) A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party to an administrative case or any third person to refrain from a particular act or acts.

A mandatory injunction compels an affirmative act, and thus changes the position of the parties. A mandatory injunction is much more difficult to obtain, and are granted only in extraordinary circumstances. A preliminary injunction is issued to preserve the parties' respective positions pending the outcome of the case.

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.

The order is effective for one year. However, the abuser may request a hearing within 30 days after he or she was served with the order. If the abuser does not do that, then the restraining order will remain effective.

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.

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Oregon Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunction with Application Therefor