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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111454
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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HOW DOES ONE OBTAIN A COURT INJUNCTION?

Customer Question

HOW DOES ONE OBTAIN A COURT INJUNCTION?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
To file an injunction, you would need to start this out as a full lawsuit first. A motion for temporary or permanent injunction is an ancillary document filed with a law suit asking for emergency relief until the legal matter is decided.
The issue here is if your brother is the Trustee and has power over your mom, he has to be sued to be removed from that power by the court. So you have to file suit against your brother for breach of fiduciary duty as trustee and conservator of your mother and seek to have him removed and you would use the fact he has cut off all contact with her as one of the grounds, but you also have to prove that he is somehow not acting in your mom's best interests in doing so.
In CA, this actually requires an attorney, because the court is going to want to make sure your mom's rights are protected in this matter as well.