Del Valle Law Firm, P.C. obtains and defends against temporary restraining orders and temporary injunctions in collections and business lawsuits. Do you need to stop someone from violating your legal right or a legal right of your business? Has someone served you or your business with a temporary restraining order (TRO) or an injunction? An injunction (or TRO) is a type of order issued by a court that is known as an "equitable remedy" and is designed to grant you relief against the violation or threatened violation of your rights when other remedies are inadequate. Sometimes the courts grant an injunction simply because it is the right thing to do to keep the situation from changing. A court may issue an injunction for a lender to keep a business owner from selling the assets that were the collateral for the loan. A court may issue an injunction preventing a business from selling assets or transferring funds while business owners are in litigation over how the assets should be used. The injunction might also be granted to keep someone from violating a law and the order normally is granted to prevent someone from taking a specific action. Although we frequently seek Temporary Restraining Orders and Temporary Injunctions, we also defend against them for many of our clients. We can assist you whether you are seeking a TRO or defending against them.
Normally, the first step in obtaining a temporary restraining order or injunction is to file suit in the county where the relief you need is to be sought. This petition must be supported by sworn testimony in the form of an affidavit or a verification. Your lawyer will approach the court and seek an order, a Temporary Restraining Order generally referred to as a TRO, that is meant to temporarily protect your interests. If the temporary restraining order (TRO) is granted, the Judge will set an amount of money that must be posted as a bond before the TRO can become effective. The temporary restraining order (TRO) has no force and cannot be enforced until you post the bond or cash in lieu of bond.
To win a temporary restraining order (TRO) or a Temporary Injunction, the plaintiff must show the following:
- That the plaintiff is entitled to some form of permanent relief;
- That the plaintiff is likely to win the lawsuit;
- That the harm the plaintiff is complaining about is imminent;
- That if the harm comes about the plaintiff would be irreparable; and
- That the plaintiff has no other adequate legal remedy.
A temporary restraining order (TRO) is usually issued to maintain the current situation between the parties and is usually effective for only 14 days. Normally, the court must hold a hearing within those 14 days to determine whether a Temporary Injunction should be issued. In most cases, if a hearing is not held within that 14-day period, the temporary restraining order (TRO) is automatically voided and is no longer effective. At the hearing for the Temporary Injunction, the court will determine whether or not to issue a temporary injunction. Whether or not the court issues a Temporary Injunction, the matter will be set for trial and at that time the judge, or a jury, will be asked to determine the facts and then based on those facts the judge will determine whether to enter a permanent injunction.
Del Valle Law Firm, P.C. prosecutes and defends against temporary restraining orders, TROs, and temporary injunctions. If you think someone is trying to get a temporary restraining order, TRO, or temporary injunction against you, please contact us as soon as possible. If you need a temporary restraining order, TRO, or temporary injunction to protect you or your business, please contact us as soon as possible for more information.
