I am ready for the injunction!!!

Injunction

Wex

• all pages
• articles
• español
• Inbox Project
• search
• FAQ

• Overview
• Resources

Definition

An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions. They are issued early in a lawsuit to maintain the status quo by preventing a defendant from becoming insolvent or to stop the defendant from continuing his or her allegedly harmful actions. Choosing whether to grant temporary injunctive relief is a discretionary power of the court. Permanent injunctions are issued as a final judgment in a case. Failure to comply with an injunction may result in being held in contempt of court. See, e.g., Roe v. Wade 410 US 113 (1973).

Injunctions: an overview

An injunction is a court order requiring an individual to do or omit doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff's rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause.


An individual who has been given adequate notice of an injunction but fails to follow the court's orders may be punished for contempt of court.


An injunction is an equity remedy and as such is available only in cases of in-personam jurisdiction (not in in-rem proceedings). Rule 65 of the Federal Rules of Civil Procedure explains what injuctions are and the rules regarding them. Basically, there are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in the harmful, complained-of way until further judicial proceedings are available.


There is a balancing test that courts typically employ in determining whether to issue an injunction. The defendant's 5th Amendment due process rights are weighed (heavily) against the possibility of the defendant becoming judgment-proof, and the immediacy of the harm allegedly done to the plaintiff (i.e., how badly does the plaintiff need the injunction). When it is possible, the defendant must always be put on notice of the injunction hearing, and the duration of the injunction is typically as temporary as possible. Additionally, in many jurisdictions, plaintiffs demanding an injunction are required to post a bond.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

• U.S. Code:
  • 5 U.S.C. § 703 - Judicial Review of Agency Actions
  • 5 U.S.C. § 552b - Section f, Injunctive Relief Against Federal Agencies
  • 7 U.S.C. - Agriculture
  • 15 U.S.C. § 1116 - Trademarks
  • 15 U.S.C. - Commerce and Trade
  • 28 U.S.C. - Judiciary and Judicial Procedure
  • 29 U.S.C. - Labor
  • 47 U.S.C. - Telecommunications
  • 49 U.S.C. - Transportation
• CRS Annotated Constitution

Federal Rules

• Federal Rules of Civil Procedure:
  • Rule 52(a)
  • Rule 62(a), (c), and (g)
  • Rule 65

Judicial Decisions

• U.S. Supreme Court:
  • Recent Injunction Decisions
  • liibulletin Oral Argument Previews
• U.S. Circuit Courts of Appeals: Recent Injunction Decisions

State Material

State Statutes

• State Statutes Dealing with Civil Procedure Generally

State Judicial Decisions

• N.Y. Court of Appeals:
  • Recent Decisions Concerning Injunctions
  • Commentary from liibulletin-ny
• Appellate Decisions from Other States

Other References

Useful Offnet (or Subscription - $) Sources

• LII Downloads

other topics

Category: Courts and Procedure

Definition from Nolo’s Plain-English Law Dictionary

A court decision commanding or preventing a specific act, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Courts grant injunctions to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials.

Definition provided by Nolo’s Plain-English Law Dictionary.

Your Mean Ole Landlord

 problems with your landlord?

This page sets out some important information concerning your rights and where to get help if you are threatened with illegal eviction, or are being harassed by your landlord.

What is harassment?

If your landlord does something that interferes with you living in your home in peace and is trying to force you to leave your home they could be guilty of harassment. The fact that your landlord owns your home does not give them the right to harass you.

Harassment can be very distressing and might make you feel as though you have no choice other than to move out. This is not the case. Harassment is a serious criminal offence under the Protection from Eviction Act 1977, and we have powers to prosecute.

Examples of harassment

• removing or restricting access to services such as gas, electricity or water; or failing to pay the bills so that these services are cut off
• visiting your home regularly without warning, especially late at night
• interfering with your post
• threatening you
• entering your home when you are not there, without your permission
• failing to carry out repairs
• forcing you to sign agreements that take away your legal rights.

Harassment or illegal eviction by an agent, or by anyone working on behalf of the landlord are also criminal offences.

If your landlord is harassing you contact our housing advice and options team immediately. It is possible that we can contact your landlord on your behalf and explain their responsibilities and your rights. In many cases we can resolve the dispute and help you to stay in your accommodation.

What if my landlord is violent?

If your landlord is violent towards you or anyone in your household this is a criminal offence and you should contact the police. If your landlord is harassing you it is helpful to keep a record of what has been happening. The record will be useful if you have to take further action at a later date. Try to have someone with you when you see your landlord and put all communications with your landlord in writing and keep a copy.

Can I take my landlord to court?

If your landlord is harassing you, it may be possible to seek an injunction. An injunction is a type of legal order that a court can make, instructing a person to do, or stop doing a certain thing. For example, in the case of harassment or illegal eviction, it may be possible to get an injunction instructing your landlord to allow you back into your home, or to stop harassing you. If a person breaks the terms of an injunction they may be liable for a fine, or in very serious circumstances, a prison sentence.

Can I get damages?

If you have been harassed or illegally evicted by your landlord you may be able to claim damages from the court for the distress and extra expense this has caused you. The type and amount of damages depends on the circumstances and type of tenancy you had. To get damages from your landlord, you will need to bring a civil case against them in the county court.

How can my landlord evict me legally?

The proper procedure for evicting you depends on the type of agreement you have with your landlord, and the reasons why they want you to leave.

I don't live with my landlord

Your landlord should begin by giving you notice that they want you to leave. this might be called either a notice to quit or a notice seeking possession. The notice period will depend on the type of tenancy agreement you have and the reason why your landlord wants you to leave.
After your notice period has finished, if your landlord would like you to go, they have to apply to the court for a possession order. If you don't leave on the day the court says you should, your landlord must return to court and ask for a bailiff's warrant. If you remain in your home after the end of your notice period, you may be liable for the court costs that your landlord has to pay to get the possession order and bailiff's warrant.
However, in a small number of situations, people who don't live with their landlord can be evicted without following this procedure. This could be the case if:

• you live in the same building as your landlord and you share living accommodation with a member of their family
• you live in holiday accommodation
• you don't pay rent (and if your home comes with your job)
• you live in a hostel or other temporary accommodation
• your landlord is having their home repossessed by their mortgage lender.

I live with my landlord

If you live with your landlord in their home you are only entitled to reasonable notice before you have to leave. This notice can be given verbally, and should be equal to your rental period unless you have agreed to a different notice period in advance. It can be difficult to enforce your right to a minimum notice period but it is illegal for your landlord to use violence to get you to leave.

• Contact our housing advice and options team for more information.
• Visit our useful contacts page for addresses and contact information where you may be able to get more help.

Guilty?

Trying to Settle Out of Court

Settling out of court is far less expensive than a trial. Unless you know for a fact that you have an ironclad case, you stand the risk of spending large amounts of money and getting nothing in return. No satisfaction, no restitution, nothing. The best first step of any potential lawsuit is to try to work out your disagreement outside of court. The courts agree with this wholeheartedly and in some states require some sort of dispute resolution before you can even bring a case to trial. Even if you do have an ironclad case, you need to weigh the costs of litigation with the potential award you might (or might not) get after a trial.


Here are some ways you can try to resolve your dispute without involving lawyers and large sums of money. You have three general paths to take to avoid the court room.

Face-to-face Negotiation

First, you should try a good old-fashioned face-to-face conversation with your adversary. Is he even aware of the problem? Does he acknowledge responsibility? Have you tried to come to an agreement about how to remedy the problem? You may be surprised at how reasonable the person is. If you do come to an agreement, you should probably have it documented and each sign it with witnesses present. And it's best to have an attorney draft it up to make sure you haven't left any loopholes.

Mediation

If you've tried your own negotiation and gotten nowhere, then you might consider mediation. In mediation, you and your adversary come together with a neutral third party who tries to help you work out an agreement. A mediator does not have any say in how the mediation turns out, he only provides advice about your options and how you could come to a fair agreement. He helps you arrive at a solution. In some courts, you are required to go to mediation before you can bring a lawsuit to court. You don't have to come to an agreement, but you have to go through the process and try. This requirement is an effort to reduce the number of cases that go to court. Some contracts you sign may also require mediation before you can file a lawsuit in the event of a dispute.


If you do arrive at a solution in mediation, you can make it legally binding by writing up a mediation agreement that each party (and usually the mediator) signs. The agreement spells out the decision that was made as well as intentions for future behaviors that both you and your adversary are required to follow. By having a signed agreement, you can make the outcome enforceable in court.


Mediation fees vary a lot. Depending on where you live and who your mediator is, you may pay as little as $50 (or nothing) for mediation, or you may pay $200 to $300 per hour. Mediator training varies a lot, too. Some may be volunteers who have backgrounds in social work or similar fields, some may be specially trained for mediation in specific areas like divorce, and some are lawyers who mediate on the side.

Arbitration

Another form of dispute resolution is arbitration. Arbitration is similar to mediation in that you come together with your adversary and a third party to discuss a solution to your problem. The difference is that the third party, known as the arbiter, makes a legally binding decision on your case. Arbitration is more like litigation in this respect -- you lose control of the decision. The arbiter's decision, called the "award," has to follow the law. If the arbiter doesn't apply the correct laws to the decision, then a judge may overturn it. You are also allowed to have counsel at an arbitration. If you know your adversary is bringing an attorney, you should, too.
So when should you go to arbitration? Since arbitration is based more on the legal issues and less on the personal issues of the case, it is usually recommended for cases that involve money rather, as opposed to a case about a neighbor who keeps blocking your driveway. Cases like that are best settled in mediation, if possible.


Arbitration does cost more than mediation, however it is still less than going to court. Like anything else, it depends somewhat on where you are geographically. Typical half-day arbitration may cost both you and your adversary anywhere from $500 to $1,000 each.


There are different types of mediation and arbitration. For instance, you can have nonbinding arbitration, which means that if either party doesn't like the decision, it isn't binding. You can opt for high-low arbitration, which means you and your adversary establish upper and lower limits for the monetary award. (For instance, an insurance company would suggest a low amount and the individual with the complaint would suggest a higher amount.) The arbiter isn't told about the limits.

If his or her decision is lower than the low number, then the low number is used, and if it is higher than the high number, the high number is used. If the decision falls within the limits, then it becomes the actual amount of the award.


Many other variations are possible, as well. For more information, go to The WWW Virtual Library: Private Dispute Resolution.

Looking for an Attorney

If neither mediation or arbitration works for you, then you begin your search for a good attorney. The best bet is to get recommendations from friends, family, business associates, or the local bar association. You should talk with several attorneys before you settle on someone. Look for experience in the area of your dispute and litigation experience, as well as interest in your case. If you need a very aggressive attorney, then watch the attorney in the court room and get a feel for his style. How well you get along with the attorney is also important because communication between the two of you is crucial. If you don't feel comfortable with the person, you may not be able to communicate with him effectively.


Also remember that, in the event that you make a poor choice, you can always change attorneys. You would still have to pay any fees and reimburse for costs, and the initial attorney may have a right to part of any award you eventually earn.

Civil Case Flow

Waiting and waiting for justice does take time. Getting this case in front of the judge is very frustrating.

<><> <><><><> <><> <><> <><><><> <><> <><> <><><><> <><> <><> <><> Civil Case Flow Civil Court > Civil Case Flow

<><> <><><><> <><> <><> <><><><> <><> <><> <><> Complaint Time Period: Within the applicable Statute of Limitations Definition: This is the first document filed by the Plaintiff to start the lawsuit. It is a brief statement of the Plaintiff's claims against the Defendant. See, ARCP, Rules 3, 7-15 & ARS §12-501 et seq [2] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Service of Complaint Time Period: Within 120 days of filing of the Complaint Definition: Once the Complaint is filed the Plaintiff must serve the Summons and Complaint upon the Defendant. This gives the Defendant notice that a lawsuit has been filed and informs the Defendant what must be done to respond to the lawsuit. See, ARCP Rules 4-4.2 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Answer Time Period: Within 20 days of Service of Complaint Definition: This is the pleading filed by the Defendant that responds to the claims made by the Plaintiff in the Complaint. See, ARCP 7-15 & ARCP Rule 12 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Default (if no answer is filed) Time Period: After 20 days of Service of Complaint Definition: If a Defendant does not file an Answer or Rule 12 Motion, after having been served with a Complaint, the Plaintiff may proceed to obtain a judgment by default. See, ARCP, Rule 55 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Disclosure/Discovery Time Period: Occurs between Answer and Trial (See, Disclosure & Discovery page [3]) Definition: This is the process by which the parties learn from each other about the facts of the case and the position each party is taking with each issue in the case. There are a number of duties and procedures that govern the exchange of this information between the parties. See, ARCP Rules 26-37 [3] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Motion to Set / Certificate of Readiness Time Period: After Answer and within 9 months of filing Complaint Definition: Once an Answer has been filed, any party may file a Motion to Set/Certificate of Readiness. This document informs the Court whether the case is subject to compulsory arbitration (in which case the lawsuit is referred to arbitration) or can be set for a trial. Certain information is required so the Court can determine when to set the trial date. See, ARCP Rule 38 and Rule 72-76 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Arbitration Time Period: After Defendant files an Answer Definition: By Arizona Statute and Court Rule, civil cases, where the amount in controversy is less than $50,000.00, must be heard in an arbitration proceeding. In an arbitration an attorney is appointed by the Court to hear the case and make a decision. Arbitration hearings are much simpler than a trial and can be heard much quicker. If either party is dissatisfied with the arbitration award they can appeal and have a new trial by the Court. See, ARCP Rule 72-76 [4] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Trial Notice Time Period: Within 30 days of filing Motion to Set Definition: If a case is set for trial, the Court will issue a trial notice that informs the parties whether the case is set for trial before a jury or the Court, the date of the trial, and the number of days the trial will take. Other information is included in the trial notice regarding practice and procedures before the Court. Based on custom and practice [2] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Pretrial Conference Time Period: At any time, but earlier is better Definition: In more complex cases and in medical malpractice cases a Pretrial Conference is held. At the Pretrial Conference deadlines for disclosure and discovery are set. This allows for the timely and orderly preparation of the case for trial. See, ARCP Rule 16(a) <><> <><><><> <><> <><> <><><><> <><> <><> <><> Status Conference Time Period: 60 days prior to Trial Definition: This is held approximately 60 days before trial. At the conference the Court confers with the parties to determine if the lawsuit may proceed to trial as scheduled and to resolve any outstanding issues that may interfere with proceeding to trial as scheduled. See, ARCP Rule 16(d) <><> <><><><> <><> <><> <><><><> <><> <><> <><> Trial Time Period: Typically within 9 months of Motion to Set Definition: This is the actual presentation of the Plaintiff's lawsuit to the Judge and/or jury for decision. See, ARCP Rules 38-52 Notes: The above time frames set forth the general sequence of a simple and typical civil action. There are many special circumstances, rules, or situation that may alter the time frames or steps shown above. This chart is not meant to be all inclusive of all cases and is meant only for illustrative purposes. ARS - refers to the Arizona Revised Statutes ARCP - refers to the Arizona Rules of Civil Procedure Custom and practice - refers to the typical time frame the Court will do something but is not governed specifically by rule or statute. See Civil page "Disclosure and Discovery" for an expanded discussion of this process. See Civil page "Arbitration" for an expanded discussion of the arbitration process.

Resigning? Timing is Perfect

I received this e-mail informing me that the "Community Director" is resigning.  It seems to be that she's afraid of actually telling the truth.  There is nothing like being backed in the corner.

"Community Director" this does not leave you off-the-hook.

Judge Segal

how I can file an injunction against eviction when the landlord

Customer Question

how I can file an injunction against eviction when the landlord is creating the situations? The first eviction was retaliation, he claimed i owed rent, but was actually in advance, was retaliation because code issues. I had to pay the court registry the full amount to be heard which was 200.00 more than I actually owed, when court date was scheduled it was april, so judge didnt rule motion to dismiseven after it was already determined in the course of preliminary that notice was defrctive, and also determined that the landlor had already gotten 200.00 more than owed, but judge released mony to him and gave me 2 days to pay April rent in order to hear my motion to dismiss.

I did that, foricng me to live hear for another month becuase i had to pay registry for april to get another hearing. LL turned of my water. At the hearing the judge dismissed eviction making him pay costs and set a date for pre-trial on counter claim June 16th.

I intended to get agreement with LL to turn water back on and make repairs or offset rent for May and pay the difference, he has blocked my number. I recieved letter from his agent on 4/26th on my way out the door to hOspital that said I had to call his agent at specified phone number prior to May 1st to make arrangements for him to pick up rent. Gave me no address to send my letter of intention to withhold because of utility cut off and code issues.

I did telling him I needed address to mail letter of repairs needed so we could come to aggrement on amount owed and get repairs and water back on. Called the number I was given to make arrangements. :

I informed him on that voice message that I had been admitted to hthe hospital and must be able to exercise my rights as well.
He never called me back. The letter I had recieved said if I did not make arrangements prior to the 1st of May, his agent would be at my house to collect rent at 6;00pm on the 1st. If still not paid he would effect 3 day notice on the 2nd.

When he never caled back for arrangements I had my son and a friend waiting at my house from 5:30 until 7pm on May 1st so they could give him my letter and make arrangements for repair and correct rent. I had already been without water for 20 days at that point and my children were not staying here. I was still in the hospital.

He never showed up to collect rent or to get letter of needed repairs.

I then called him from the hospital and told him they were waiting for him and I still had no where to send my compaints.
He would now have to wait for me to send to po box of landlord because he never followed through with even making it poosible for me to make the arrangements they demanded.

That allows 5 extra days to be mailed.

He then left me a voice mail on the second while I was in surgery stating that he was around and could come to hispital and collect rent. If not and I had to send it through mail then fine he guessed that would give me til the 7th. I was not going to have him pick up rent because he had not allowed me to sent repair request whcich would offset and demand utilities be put on first.

He tried to call May 3rd again and i responded in text that the stress from harrassment no good for me, he should wait for mail which I would have to have someone send and he should check po box for my letter on the 7th. Told him I would still be in hospital a few days and would make contact when released. He said ok.

With full knowledge of my being in the hospital and agreeing to my need to mail therefore giving me the extra time because he did not follow through with any other way, he agreed.

I then got a call from a neighbor stateing that he had posted a 3 day notice on my door!

He knew I would not be there to receive the notice, it was not legal for him to post notice, and by the way, was already established by text message and by admission in court that rent is due by the 4th and late on the 5th showing discrimination in the way he is handling all matters with me to begin with.

I had to leave the hospital to deal with these issues,
The way he worded the 3 day notice made it impossible for me to do anything other than pay or lose, and still no way to get my needed repairs attended to.

3 day notice says:
pay rent or deliver possession
Still does not give me any way to correspond or make face to face contact, Does not say where to pay so I could only send to agents business adress meaning I would need more time and does not allow time or way for me to send maintenence, safety, and utility issues.

premises address is not listed, posted to house when he knew I wa in hospital, and told me to mail to defferent address listed on 3 day.

By due process of laws governing service of process, wouldn;t this be a decieptful act with malicious intent?

3 day is pay rent or deliver possession, but then says If I vacate OR am evicted I AND attorneys fees and court cost, meaning if I deliver possession he will still hold me liable for past and future rent, court cost/attorney fee

Expert: Law Pro replied 202 days ago.

So the only thing you have received is the 3 day notice to pay or vacate - correct?

Customer replied 200 days and 11 hours ago.

I just got the 5 day eviction and the copy of the three day attached is different than the one I was served. Has different business address.

Accepted Answer

Expert: Law Pro replied 200 days and 3 hours ago.

Don't leave - go to the hearing and inform the court what the LL has been doing.

<><><><> <><><><><><><><> <><><><> <><><><> <><><><><><><><> <><><><><><><><> <><><><> <><><><> <><><><><><><><> <><><><><><><><> <><><><> <><><><> <><><><><><><><> <><><><><><><><> <><><><> <><><><> <><><><><><><><> <><><><>

Expert Type	Lawyer
Pos. Feedback:	98.8 %
Accepts:	4088
Answered:	5/12/2011

Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

Ask this Expert a Question >

Customer replied 199 days and 6 hours ago.

With my motion to determine rent, can I withhold due to the water shut off if he never had it in his name? I have no written lease, pay by the month, water was on when I moved in.

I moved in the end of January and was in very such good standing with landlord that he was allowing me to move into a much larger rental in a triplex he had just closed on the last week of February. FPL Meters were not installed, a/c units had been stolen, and copper wiring had been stripped. He said I could move immediately, that when I had new service started, FPL would install the meters and make sure utilities were in good order. He wanted me to move the weekend of Feb 28th so he could rent the apt I was currently in March 1st. I told him that would be fine as long as there were no problems getting all utilities on by then and a/c in working condition because my teens have asthma and allergies and must have a/c.

I had FPL scheduled for new service with meter install Feb 27 and gas company Feb 28th, Meters could not be installed, tri-plex, unit numbers not labeled. needed electrician to bring to compliance. Frantically called him and told him I scheduled for next morning and must have building ready or elec and gas would not be on. He did not have ready. FPL spoke with landlord and explained what he had to do, said I would have to call back and reschedule when ready. Gas was unable to be turned on because no elec and I had to call and reschedule both for March 2nd. Landlord called me that night and wanted me to move anyways. That night after I got off work at 7pm, with my children, in the dark, top floor, no utilities whatsoever and no reason to believe or have any comfort in the idea that it would be able to be done the next day.

He said he had already taken money for the place I was in and they were getting upset. Turned out it was from a couple I had refered. I told him I would not, more accurately...could not move without seeing a light turn on. Building had been vacant 2 years and may have had serious problems. Told him if all went well like he anticipated, I would move after work the followind day which would be the 2nd of March.

This conversation took place at 10pm March 1st. He said ok. He spoke with the couple that was to move in when I vacated and they wanted their money back from him because he was not honest with them when he took their money unsure the residence would be available. On March 2nd at 1am in the morning he turned on me. I received a text from him, just 2 hours after we talked telling me I could not move there (i had signed a lease for that residence) told me he was giving it to the couple that could not move here. Said he was going to Shut off my water and electric in 2 days if I didnt go put it in my name here. Wanted me to send 500 more than I owed him for the month sent to a po box within 5 days or he would evict me. (I was 200 prepaid on March rent so I only owed 400, he wanted 900) He was using the water with hose hooked up outside since before I moved in to renovate the building he bought next door/ Told him I needed lease. He said would cost me 900!

Cut to the chase, a whole lot has happened with his visciousness between now and then, all threats and actions I saved on text.
My water has now been shut off for a month. He now claims in defense of my proving retaliation that the water company turned it off because I never put it in my name and was stealing previous usage. He had nothing to do with it.

Wouldn;t the fact that I have the text a month after I had been living here threatening me to turn it off on the same day We had code issues? The grey area is it wasnt in his name. Apparently he turned it on illegally when he bought the property, but he denies. Says previous tenents left it on, I nevr changed.
Water company says previous tenents closed out in Dec 2009 and got credit. water was turned back on, when my landlord and I got in dispute, he went there and told water company this address was vacant and was illegal consumption to turn it off;.
Now I would have to pay all boot and comsumption charges of his renovations for three months to turn on unless he admits and clears up delinquent amount.

He has not complied and I have been without water for over a month. My kids have had to find other places to go for showers the first 2 weeks, Now the are ilving with a friend until I get this worked out.

I'm so very sorry this is so long, but this man in trying to destroy me. I was just in the hospital for 12 days, he posted this 3 day on my door on the 2nd of May knowing I was in the hospital and wouldnt get it. rent not late til the 5th, but he was trying to get me out before I knew he even filed.

My friends called me and I left the hospital! I was supposed to stay monitored while waiting for some biopsy results and waiting for surgeon to make decisions about taking more. I now am very ill and can not ocmplete my care without checking back into the hospital, which I can not do because I will lose case by default.

I feel he should not get away with this treatment of people. everyone else afraid of him and on principle I will fight for all, but sure could use advice for the fast track before I LITERALLY DIE TRYING AND WITHOUT MY KIDS AT HOME WHERE THEY BELONG AT NIGHT.

Thnak you for your time in advance. I pray at the end of my coutersuit I will have the funds to give you the bonus you deserve. Im sure with me on subscription (bought with the last of what I had since my boss is his business associate and he got me fired the day this began 2 months ago) and my question so long, it took someone special to even decide to take
the time to read it.

For that alone I give you 6 thumbs up! Mine and my 2 children that want to come home.

How to Petition for a Temporary Injunction

X

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

• Print this article

Petition for a Temporary Injunction

Flag this photo

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.

Related Searches:

• Habeas Corpus Petition
• Child Custody Divorce

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