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.
Utah Order Granting Preliminary Injunction
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Multi-State
Control #:
US-01009
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Word;
Rich Text
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FAQ
There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.
A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.
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.
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 ...
A restraining order or preliminary injunction may issue only upon a showing by the applicant that: (e)(1) there is a substantial likelihood that the applicant will prevail on the merits of the underlying claim; (e)(2) the applicant will suffer irreparable harm unless the order or injunction issues; (e)(3) the ...
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
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.
