In some cases, a petition requires little more than a sentence or two. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Injunctions are a discretionary remedy An injunction is an equitable remedy, whi… The paperwork for the petition is fairly straightforward and in most cases does not require the assistance of an attorney. https://www.law.cornell.edu/rules/frcp/rule_65, https://scholar.google.com/scholar_case?case=8416609368890063382&q=408+F.Supp.+1323&hl=en&as_sdt=400003, https://scholar.google.com/scholar_case?case=1755133886132386207&q=439+A.2d+357&hl=en&as_sdt=4,7, http://www.fec.gov/law/litigation/rnc_rnc_complaint.pdf, https://epic.org/privacy/ftc/google/TRO-Motion-final.pdf, https://www.eff.org/document/order-granting-temporary-restraining-order, https://www.nycourts.gov/LegacyPDFS/courts/1jd/supctmanh/Self-Rep%20Forms/How%20to%20OSC.pdf, https://jenner.com/system/assets/assets/5511/original/Temporary_20Restraining_20Orders_20and_20Preliminary_20Injunctions_2011.pdf?1323113835, http://www.bzbm.com/wp-content/uploads/2013/07/Stop-That-Right-Now-ABA-2010.pdf, https://epic.org/free_speech/censorware/PI_opp.pdf, http://law.freeadvice.com/litigation/legal_remedies/temporary-restraining-order.htm, https://www.ftc.gov/system/files/documents/cases/160414mercolacmpt.pdf, http://www.wawd.uscourts.gov/sites/wawd/files/ProSeManual4_8_2013wforms.pdf, https://www.law.cornell.edu/wex/summary_judgment, consider supporting our work with a contribution to wikiHow. Some courts allow for online filing and will accept any document someone offers. A substantive cause of action (i.e. Amid the current public health and economic crises, when the world is shifting dramatically and we are all learning and adapting to changes in daily life, people need wikiHow more than ever. 97 views. Be sure to check with the process of scheduling a hearing before the judge assigned to you. Having clarity on the type of injunction you want to pursue is important in filing a successful injunction application. Requests for documents, which are written requests for records you would not otherwise be able to get your hands on. What is an Injunction against Harassment? Check if you’re eligible to apply for a non-molestation order or an occupation order. The party applying for the Injunction must have a valid underlying claim It must be able to show that it has legal rights which have been or are likely to be undermined by the other parties action, or that the other party has behaved, or is likely to behave in an unconscionable manner. While hiring a lawyer could be in your best interest, if you proceed on your own it is imperative that you research the injunction thoroughly before filing. An Injunction is requested by the Petitioner who files a "Petition" with the Court asking for protection from the Respondent. In this case, you would list them as “Count One—Trademark Infringement,” “Count Two—Embezzlement,” etc. What does it mean to file an injunction? The date the order expires. The title: “Order Granting Temporary Restraining Order.” If you applied for both a TRO and a preliminary injunction, then title your proposed order: “Order Granting Temporary Restraining Order and Order to Show Cause as to Why a Preliminary Injunction Should Not Issue.”. Provide the factual background of the dispute. The person or entities that will be restrained. No matter the type of injunction, there will be specific information you will need to have handy. The more methods you use the better. Use what you have at your disposal to build the strongest case possible. When time is of the essence, the courts will typically make their ruling right away. This step is crucial, as faulty service could render your injunction void. In some cases, a petition requires little more than a sentence or two. Injunctions typically fall into three types, based on the length of time they are in force. Before you can move forward with the injunction, you must serve a copy of the injunction and the summons on the other party. Check with your court clerk for the procedures. To pursue an Injunction for Protection, the first step is to identify the type of injunction needed. At the end of the hearing, the court will make a decision. The following principles are applicable to all injunctions: 1. How to File an Injunction Without a Lawyer, Turning Yourself In For a Misdemeanor Warrant. What acts are restrained. If a domestic abuse injunction is granted, the responsible party will be ordered to surrender any firearms. Tell the clerk you are applying for a TRO or preliminary injunction. Sign under penalty of perjury. You need to verify, under penalty of perjury of the laws of your state, that the factual statements made in the complaint are true and correct. Generally, you can coordinate with the federal marshals to have the TRO served on the defendant. The process for filing an injunction differs dramatically. At other times the court will require substantially more information. For example, an injunction related to the sale of a business should include documentation regarding its ownership and the grounds why the law requires the sale to be halted. Injunctions can also be mandatory, however, in which case the court directs a party to take affirmative action. If you think this is your situation, then you must give the judge specific facts in your motion and order explaining why you didn’t provide notice. Once you identify the court, you can contact their clerk or review their website for samples or forms. Marked as spam. Depending on the type of case, you will need to file for your injunction at the city, county or federal level. An injunction is a court-ordered command to do something or, more often, to not do something. Please consider making a contribution to wikiHow today. This is especially important if the harasser has a lawyer or if the case is going to trial. In some situations you don’t need to contact the defendant. You suffer a loss that can’t be replaced. In other cases you might have to request a hearing date from the court clerk. Some court clerks will walk you through every step of the process, while others will provide you with no help whatsoever. Because getting an injunction is complicated, you should think about hiring the attorney to represent you. If you are under the age of 18, ask the Clerk about an adult filing on your behalf. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Accordingly, you could sue for “trademark infringement.” You might sue under multiple theories. Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns over public access to electronic court files. For example, if someone saw the defendant selling goods with your trademark, then you can have the witness write up an affidavit explaining when and where they saw the goods. Alternately, the court might publish a list of surety companies you can contact to obtain a bond. You also will have to pay a filing fee to apply for the injunction. You have to file multiple lawsuits. If you are not sure that your witnesses will show up to testify, then you can serve the witness with a “subpoena.” This is a legal command to appear in court at a certain date and time to offer testimony. You also will have to attach a copy of the restraining order to the application. Once you get the bond, you will have to post it before the TRO will go into effect. These potions are rarely used by the court, as the right of due process guarantees the affected party a day in court. Balance of harms. Request relief. You will probably have to file the complaint first and attach a copy of the complaint to the motion for the injunction. The mediator will try to find common ground and unique ways to structure agreements that you might not have though of before. 1. How to File a Petition for an Injunction. Narrator: The civil of family court clerks office will have the paperwork you need to request, change, or try to stop an injunction. The person or company seeking the injunction must prepare an affidavit which sets out the evidence required to support the injunction. Others require filing in person, and the clerks will carefully look over the pleading to ensure it complies with the rules. In other courts, you will need to visit the bondsman, who may be located in the courthouse. The summons informs the other party of the first court hearing related to the injunction. There are times when an emergency requires immediate legal action. Determine the court that has jurisdiction over the dispute. 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