Washington Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass

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US-02096BG
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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 defendant held in custody on a DUI in Washington State has the right to have his or her case heard before a jury within 60 days from the date of arraignment. A defendant out of custody has 90 days.

To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing.

Penalties for Protection Order Violations in Washington: Violation of a protection order is usually considered a gross misdemeanor, which RCW §9A. 20.021 defines as punishable by up to one year in jail, a maximum fine of $5,000, or both.

A petition must describe the acts of domestic violence committed against the protected person/s by an intimate partner or a family or household member. The court will either deny or grant a temporary order effective for up to 14 days.

Except as otherwise provided by statute, no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully ...

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

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Washington Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass