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

Texas 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

To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. ?Imminent? means that the injury is relatively certain to occur rather than being remote and speculative.

A temporary injunction is similar to a TRO because it tells another person not to do certain things. The difference between a TRO and a temporary injunction is that a TRO: Is only good for 14 days, but a temporary injunction is good until your case is over, and.

As a general rule, only the final judgment in a lawsuit can be appealed. With a very few specifically enumerated exceptions, Texas law does not permit appeals from what are known as interlocutory orders (interlocutory orders are orders made during litigation of the case but before entry of final judgment).

The party asking for an injunctive relief must prove three things: 1) that there is a cause of action against the defendant; 2) that the party seeking the injunction has a right to the property in question; and 3) that the objects in question are in danger of ?probable, imminent, and irreparable injury.? In the Strube ...

The Bombay High Court recently held that a temporary injunction can be granted only if the applicant approaches the court without any suppression of material facts and reiterated that such an injunction can be granted only if a prima facie case, balance of convenience, and irreparable loss to the person seeking the ...

A writ of injunction issued by the clerk must be served on all adverse parties before the TRO becomes effective. There is no right to appeal a TRO, but immediate mandamus relief may be sought.

The purpose of a motion to dissolve an injunction is ?to provide a means to show changed circumstances or changes in the law that require modification or dissolution of the injunction; the purpose is not to give an unsuccessful party an opportunity to relitigate the propriety of the original grant.?

Section 51.014(a)(4) provides that an appeal from an interlocutory order granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction is permitted.

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