Virgin Islands Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction

State:
Multi-State
Control #:
US-02104BG
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Word; 
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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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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FAQ

A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders (entered against Napster), or an order stopping a bulldozer prior to the razing of an historic building.

To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...

A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances, polluting a stream, picketing which goes beyond the bounds of free speech and assembly, or removing funds from a bank account pending determination of ownership.

Injunctions are often requested in cases such as medical staff disputes, withdrawal of life support cases, and cases involving the treatment of children. In these cases, the complaining party attempts to convince the court that since human lives are at stake, the court must step in.

Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.

Injunction- An order of the court restraining a person from doing a wrongful act. Example- There may be a term in the contract which prevents the defaulting party from doing something during the term of the contract.

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Virgin Islands Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction