Pennsylvania Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction

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

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

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.

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.

Preliminary injunctions generally last until the end of the lawsuit. Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely.

Hear this out loud PauseA preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.

The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is ?special relief?). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.

Hear this out loud PauseIn M. Gurudas and Ors[2], the court ruled that it would evaluate an application for an injunction on the basis of three factors: i) the case's prima facie legality; ii) the balance of convenience; iii) irreparable harm.

Hear this out loud PauseTwo elements have to be taken into consideration to determine the grant of mandatory injunction, these are: (a) What acts are necessary in order to prevent a breach of the obligation; and, (b) The requisite acts must be such as the Court is capable of enforcing.

Hear this out loud PauseInjunction when refused. if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.] when the plaintiff has no personal interest in the matter.

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Pennsylvania Complaint for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction