How to Petition for a Temporary Injunction

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Renee Booker

Renee Booker has been writing professionally since 2009 and was a practicing attorney for almost 10 years. She has had work published on Gadling, AOL's travel site. Booker holds a Bachelor of Arts in political science from Ohio State University and a Juris Doctorate from Indiana University School of Law.

By Renee Booker, eHow Contributor

updated June 27, 2011

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Petition for a Temporary Injunction

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A temporary injunction is a court order that orders a party not to do something pending a court hearing on the merits. A temporary injunction is only ordered by a judge when there is a chance of immediate and irreparable harm if the injunction is not granted and there is not time for a full blown hearing. An example of when a temporary injunction may be granted is in a divorce to prevent the parties from spending or hiding the assets before the parties can have a full hearing in front of the judge.

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Difficulty:

Moderate

Instructions

1. • 1
     Prepare the complaint. A temporary injunction will not be granted without also filing the underlying complaint with the court at the same time that you ask for the injunction. The idea behind the injunction is that it is an immediate stop-gap until the merits of the case can be heard at a full hearing by the judge. The contents of the complaint will vary depending on the type of case you are filing but will contain the allegations you are making against the defendant or respondent and a request for relief from the court.
   • 2
     Prepare the petition for temporary injunction. The petition must state what you are asking the judge to order the defendant not to do. It must also include a statement that the plaintiff has at least a fair chance of winning on the merits at a full hearing. The petition must convince the judge that irreparable harm will be done if the injunction is not granted and that there is no fair way of compensating the plaintiff if the injunction is not granted.
   • 3
     Notify the defendant that you are filing the complaint and petition. Under normal circumstances, a defendant must be served by an official method such as certified mail or a civil sheriff. In the case of a petition for temporary injunction, most judges require that the defendant have some actual notice of the filings. Rules may vary by court or even by judge. It is best to call ahead and ask what the judge will accept for the notice requirement.
   • 4
     File the complaint and petition with the court. Make sure the court staff is aware that there is a petition for temporary injunction among the filings so they can alert the judge.
   • 5
     Appear at the hearing for the injunction. In some cases, a judge will allow an immediate hearing on a petition for temporary injunction. In other cases the judge will set the hearing within a brief period of time such as the next day. A hearing on a petition for temporary injunction is generally very short, so be prepared to state your case as clearly and concisely as possible.

Read more: How to Petition for a Temporary Injunction | eHow.com http://www.ehow.com/how_7373608_petition-temporary-injunction.html#ixzz1f12Iv4sY