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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32340
Experience:  Began practicing law in 1992
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How can I get help while these people continue to make me

Customer Question

How can I get help while these people continue to make me look like the beast? I am just too paralized for that and condemned to never leave
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: No , what do u mean state?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I obtain a stay against this woman she actually shoved the very large stainless steel into my alreadypressure wounded foot. On purpose Like she said she would
Submitted: 25 days ago.
Category: Legal
Expert:  Dwayne B. replied 25 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 25 days ago.

As to your first question, "How can I get help while these people continue to make me look like the beast?" there is really no way for any of us to answer the question specifically since we don't have a complete access to all of the records, testimony, etc. Usually this is done through cross examination of their witnesses and by presenting your own witnesses. It can also be done by having you see a psychologist who can speak as to your mental health.

As to the question "Can I obtain a stay against this woman she actually shoved the very large stainless steel into my already pressure wounded foot?" What you actually want is an injunction, not a stay. The process of getting an injunction is extremely difficult because it is procedurally complex and if you make any mistakes at all not only is the judge required to rule against you but they also are not allowed to tell you how to fix it so you really need a lawyer to assist you.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  Dwayne B. replied 25 days ago.

I am about to go offline for the evening but will be back tomorrow morning.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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