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

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Multi-State
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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.

How to fill out Affidavit Of Attorney Claiming Irreparable Harm In Support Of Motion For Preliminary Injunction?

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FAQ

An "injunction" is a term used in Wisconsin to refer to a restraining order that lasts for a longer period of time than the TRO. Injunctions are usually ordered to last two to four years, but can last up to 10 years depending on the facts of the case.

Irreparable damage or harm is so bad that it cannot be repaired or put right.

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.

Some examples of irreparable harm include: Injury to reputation or goodwill - In cases involving defamation or other types of reputational harm, the harm caused may not be able to be fully compensated with a monetary award.

However, if an individual finds himself or herself under arrest for domestic abuse, he or she also needs to be aware of Wisconsin's no-contact law. As its name implies, this law essentially requires an arrested individual to avoid contacting his or her alleged victim after being released from police custody.

There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.

Harm that no measurable monetary compensation can cure or reverse, such as cutting down shade trees, polluting a stream, or not giving a child needed medication.

Whoever intentionally violates a temporary restraining order or injunction issued under this section shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

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