California Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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US-02159BG
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Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.


Mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

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  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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FAQ

(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.

A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.

Meaning of mandatory injunction in English an official order given by a court of law telling someone that they must do something or stop doing something: A mandatory injunction may be granted to order a person to demolish a wall that he has built in breach of covenant.

The court will only grant an injunction if it is satisfied on the facts that: there is a serious issue to be tried; it appears to the court to be just and convenient to do so and the applicant has 'clean hands' (eg, has not delayed unreasonably or acted improperly themselves);

A mandatory injunction compels an affirmative act, and thus changes the position of the parties. A mandatory injunction is much more difficult to obtain, and are granted only in extraordinary circumstances. A preliminary injunction is issued to preserve the parties' respective positions pending the outcome of the case.

An injunction can be prohibitory or mandatory. The usual distinction is that a prohibitory injunction requires no action and merely preserves the status quo, whereas a mandatory injunction requires the defendant to take affirmative action.

State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.

A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties' legal rights. Such final relief can be prohibitive or mandatory in nature. An interim injunction is a pre-trial form of relief.

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California Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge