California Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass

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Multi-State
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US-02096BG
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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Yes, you can appeal a restraining order in California. If you disagree with the contents of your restraining order, you have a right to file a motion with the court to set aside or modify the order. However, the appeal process can vary depending on the intensity of the order.

Injunctions in California An inadequate remedy at law; A serious risk of irreparable harm absent injunctive relief; A likelihood that plaintiff will prevail on the merits of the controversy; and, A balancing test of the harm to the defendant in granting the injunction versus the harm to the plaintiff in withholding it.

It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...

Section 527 - Preliminary injunctions and temporary restraining orders (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.

An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action. If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.

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.

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California Affidavit Claiming Irreparable Harm in Support of a Motion for Temporary Restraining Order and Preliminary Injunction to restrain and Enjoin Trespass