How to Get a Court Injunction
An injunction is an order issued by the court ordering a person to stop doing a specific action, e.g., a restraining order. Injunctions are typically issued to the defendant during a lawsuit.
Although your lawyer will likely be the one filing for an injunction, you can do it yourself, though the process is complicated. Ultimately it is up to the court decide whether an injunction is issued.
Obtain the proper forms from the clerk's office in your local courthouse.
Gather your evidence that proves an injunction is necessary to prevent the defendant from harming someone or something. Also prove that the injunction will not harm public interest.
- An injunction is an order issued by the court ordering a person to stop doing a specific action, e.g., a restraining order.
- Although your lawyer will likely be the one filing for an injunction, you can do it yourself, though the process is complicated.
Sign a sworn statement, which explains why the injunction should be issued, in front of a notary public.
Fill out the forms and attach the sworn statement.
File with your court's clerk. Request that a temporary or emergency injunction is issued until a decision is made on the permanent injunction. The clerk will ask the judge to sign the form and a temporary injunction will be issued if the judge agrees.
- You have to attend a hearing before a permanent injunction is issued. At the hearing you will need to persuade the court that a permanent injunction is necessary to avoid harm.
- In some cases, you will be required to pay fees when you file the forms. The process will be different in each state.
David Harris is a writer living in Portland, Ore. He currently is the editor-in-chief of the online magazine Spectrum Culture. He holds a Master of Fine Arts in creative writing from Sarah Lawrence College.