An injunction can be filed against an individual in order to stop him from committing a specific act. It can also be used to make an individual perform an act that they refuse to do. For instance, if your neighbour was attempting to build a fence that would interfere with your property, you can ask the court for an injunction to prevent construction of the fence. You could also ask for an injunction to make your neighbour perform certain duties on his property if failure to complete those duties could negatively affect your own property. The court will only grant an injunction when it is clear that your rights will be violated without it.
Determine the court that has jurisdiction over the dispute. Depending on the type of case, you will need to file for your injunction at the city, county or federal level. If your case involved a property dispute with your neighbour, this would typically be handled in the city. On the other hand, if you needed an injunction to stop your ex husband from selling the house before your divorce, you would file in the county court that is handling the divorce.
Draft your motion for injunctive relief. You will need to include your name and the name of the party you are seeking relief from. Also include the name of the court. In the body of the motion, advise the court of the relief you are seeking with specificity. You must clearly state the damages that you will incur if the court does not grant the injunction. You can view a sample motion on the Cornell University Law School website.
Attach any supporting documents to your motion. These could include sworn statements from other individuals or reports from experts. File your motion in the court that has jurisdiction and pay the filing fee to the clerk. The clerk can tell you whether the court will serve the other party or if you are responsible for service.
Take pictures if they would be relevant and if you believe they will help the judge in making his decision. Bring the pictures and any other evidence you have to the hearing that is scheduled.
While it is not necessary to have an attorney, it is usually wise.
Tips and warnings
- While it is not necessary to have an attorney, it is usually wise.