Injunction Basics

Normally, the first step in obtaining an injunction is to file suit in the county where the relief you need is to be sought. This petition must be supported by sworn testimony in the form of an affidavit or a verification. Your lawyer will approach the court, often outside the presence of the defendant or their lawyer, and seek an order, a Temporary Restraining Order generally referred to as a TRO, that is meant to protect your interests from any further harm. If the judge grants the request he/she will set an amount of money that must be posted as a bond before the TRO can become effective. Until you post the bond no one will be bound by the order.

To win a TRO or a Temporary Injunction, the plaintiff must show the following:

• That the plaintiff is entitled to some form of permanent relief.

• That the plaintiff is likely to win the lawsuit.

• That the harm the plaintiff is complaining about is imminent.

• That if the harm comes about the plaintiff would be irreparable.

• That the plaintiff has no other adequate legal remedy.

If granted, this order, the TRO, is typically issued to maintain the current situation between the parties and is only effective for 14 days. Within that 14 day period the court must hold a hearing to determine whether a Temporary Injunction should be issued. If a hearing is not held within that 14 day period the TRO is automatically voided and is no longer effective. At the hearing for the Temporary Injunction, the court will determine whether or not the Plaintiff is likely to prevail in the case. If so, the court will enter a Temporary Injunction. Otherwise, the court will dissolve the Temporary Injunction, if one was granted, and then set the matter for trial.

Whether or not the court issues a Temporary Injunction, the matter will be set for trial and at that time the judge, or a jury, will be asked to determine the facts and then, based on those facts, the judge will determine whether to enter a permanent injunction.