Difference Between Temporary Injunction And Stay Order In Georgia
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Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
A temporary restraining order, or TRO, is similar to a preliminary injunction in that it is a pre-trial court order that enjoins or mandates another party's conduct. However, it is different in that TROs are more urgent and may be issued without notice to the other party.
An injunction refers to an order that has been issued by the court to protect a person by restricting another person's behaviour, or requiring them to take a certain action. Injunctions can be sought in relation to: Personal protection. Property matters. Protecting the welfare of a child.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
In California, it means that a preliminary injunction has been ordered prior to final judgment, and that the order (but not final judgment on the merits of the case since this hasn't happened yet) has been appealed to a higher court making the order unenforceable.
