How to file a civil court injunction

Written by mike broemmel
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A civil court injunction is an order that requires an individual, business or other entity either to stop or continue a specified activity. There are two general types of injunctions: temporary injunctions and a permanent injunctions. If you, your business or some other entity you operate faces harm through the actions (or the failure to act) of another individual, business or organisation, a civil court injunction might be the appropriate relief. Obtaining a civil court injunction is not an easy process. You need to understand how to file a civil court injunction in order to attempt to achieve the relief you believe you need.

Skill level:
Easy

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Things you need

  • Petition for civil court injunction

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Instructions

  1. 1

    Draft a petition for a civil court injunction. You can obtain standard forms from the court clerk's office to assist you in preparing a petition for a civil court injunction.

  2. 2

    Request the issuance of a temporary or emergency injunction pending a hearing on a permanent injunction. Include facts sufficient to establish that absent an immediate temporary or emergency injunction, you, your business or organisation will suffer irreparable harm. A hearing is not required before the issuance of a temporary restraining order.

  3. 3

    Include language in your petition for a civil court injunction requesting a permanent injunction as well. A permanent injunction requires the other party to halt the activities complained of (or to carry out a promised task) into the future. A permanent injunction is not considered by the court until a full hearing is conducted on your petition.

  4. 4

    Prepare an affidavit (statement signed under oath in front of a notary public) to attach to your petition. The affidavit sets forth the specific allegations as to why you are entitled to a civil court injunction.

  5. 5

    File the petition for a civil court injunction with the clerk of the court.

  6. 6

    Request the clerk of the court to serve the petition for a civil court injunction on the opposing party. If the judge signs a temporary civil court injunction, it will be served at the same time.

  7. 7

    Obtain a hearing date on your petition for the permanent civil court injunction from the clerk of the court. Notify the opposing party of the hearing date and time.

  8. 8

    Appear at the hearing to present evidence and arguments supporting your request for a civil court injunction. If you persuade the court that you will suffer irreparable harm absent a permanent injunction order, the court will grant you the relief requested. If you do not meet this objective, the court will dismiss the temporary injunction.

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