Mecklenburg North Carolina Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss

State:
Multi-State
County:
Mecklenburg
Control #:
US-MOT-01404
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss
  • Preview Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss
  • Preview Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss
  • Preview Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss

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FAQ

Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. 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.

The regular courts in ordinary cases have the power to issue a 72-hour temporary restraining order (TRO) and a preliminary injunction to preserve the status quo. After hearing, the regular courts can issue a permanent injunction.

Duration of Temporary Injunctions Temporary injunctions last for a specified duration or until the case is finally resolved. Whereas, TRO's dissolve upon the expiration of 14 days, unless extended by agreement of the parties or an Order of the Court.

Go to the office of the clerk of civil court or the magistrate's office. Tell them you need to file for a restraining order, protective order, DVPO or Civil No-Contact Order. You can also tell the office that you need to file for an emergency ex parte/temporary protective order.

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.

You can file a Civil No-Contact Order in the civil clerk's office in the county where you reside, the county where the act(s) of unlawful conduct occurred, or the county where the abuser resides.

A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.

The rule holds that before a temporary restraining order may be issued, all parties must be heard in a summary hearing first, after the records are transmitted to the branch selected by raffle.

To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

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Mecklenburg North Carolina Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss