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Complaint or Petition for Temporary Restraining Order and Injunction...

Puerto Rico Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

Control #:

US-01130BG

Format:

Instant download

Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

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FAQ

A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case. A court will issue a permanent injunction only where money damages will not suffice.

To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...

A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties' legal rights. Such final relief can be prohibitive or mandatory in nature. An interim injunction is a pre-trial form of relief.

Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.

A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately. Parenthetically, the burden is on the petitioner to show in the application that there is meritorious ground for the issuance of the TRO in its favor.

Injunctions are also used by a court when monetary restitution isn't sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

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