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Difference Between Temporary Injunction And Stay Order In Phoenix
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Phoenix
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US-000299
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FAQ
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.
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.
Restricted Actions: This outlines the behaviors you are prohibited from doing. This could include contacting the petitioner (the person who filed for the injunction) by any means (phone, text, email, social media), going near their home, workplace, or children's school, or even owning firearms.
Second, the preliminary injunction analysis requires considering the plaintiff's reasonable likelihood of success on the merits, whereas a permanent injunction is not even being considered until the plaintiff has won.
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.
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
It is an order from a court to do or not do something. It can also be used to stop someone from taking certain actions, such as trespassing on private property or using someone else's trade secrets. An injunction can be temporary or permanent and is usually issued when there is an urgent need for protection or remedy.