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Injunction Vs Court Order In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000299
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FAQ
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.
Its relief is limited, however, as a TRO only lasts for ten days or until the court can hear a motion for a preliminary injunction, which requires notice to the other side and a hearing. While a preliminary injunction may restrict the same behavior as a TRO, it remains in force until revoked by the court.
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.
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.
An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability.
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.
More info
A person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. The San Diego County Superior Court issues Temporary Restraining Orders (TRO) in the County of San Diego.We help with the court forms required to apply for or respond to a restraining order, as well as information on the law, the court process, and timelines. If you have been served with a temporary restraining order in San Diego you cannot own a firearm while the injunction order is in place. Completing a Petition for Injunction. How do I get a restraining order? There is no fee for filing. You may file either a civil harassment restraining order or a domestic violence restraining order at the San Diego County Courthouse. The process, however, is essentially the same for all types of restraining orders. Temporary restraining orders are just that, temporary, and a hearing will be set in the near future to determine if a permanent order is appropriate.