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Injunction Order Questions

Injunctions are court orders that prohibit a person from a specific act. Restraining orders tend to be the most common type of injunction. This type of injunctions bans a person from having any form of contact with another person based on past activity that has caused an emotional or physical threat. If a person violates a restraining order, they could face immediate arrest. Below are a few of the more commonly asked questions regarding injunctions that have been answered by Experts.

In Arizona, how do you appeal or fight an injunction against alleged harassment?

In Arizona, you are entitled to one hearing if you are a defendant who has an injunction issued against you. The hearing must be held within 10 days from when the injunction is requested. Generally an Ex-parte injunction will list the information required for you to file a request for a hearing. You should also ask the court clerk for a copy of the affidavit that was filed when the person obtained the injunction. This will help you prepare for a defense and an appeal. There will be dates and times of the alleged harassment, which will allow you to prepare a defense to show the harassment, could not have occurred.

How do I appeal a denial of an injunction?

If a judge denies an injunction, you will have to file a motion with the judge for an emergency injunction pending appeal.

There are four factors that the court will consider when deciding whether or not to grant an appeal:

(1) whether the movant will suffer irreparable harm absent an injunction; (2) whether a party will suffer substantial injury if an injunction is issued; (3) "whether the movant has demonstrated ‘a substantial possibility, although less than a likelihood, of success' on appeal"; and (4) "the public interests that may be affected." LaRouche v. Kezer, 20 F.3d 68, 72 (2d Cir. 1994) (quoting Hirschfeld v. Bd. of Elections, 984 F.2d 35, 39 (2d Cir. 1993)).

These factors are applied on a sliding scale. For example, the necessary "level" or "degree" of possibility of success will vary according to the Court's assessment of the other factors. Mohammed vs. Reno, 309 F.3d 95, 101 (2d Cir. 2002) (citation omitted).

You can file your appeal in the Superior Court if the judge decides to grant your motion.

Below is a link that contains an example of a motion and memorandum that supports the motion: http://www.cahcf.org/documents/CAHFvRell/100621MotionForInjunctionPendingAppealAndExpeditedAppeal.pdf

http://www.cahcf.org/documents/CAHCFvRell/100703ReplyInSupportOfPlaintiff-Appellant'sEmergencyMotionForAnInjunctionPendingAppeal.pdf

What do I do to remove an injunction that is not legitimate if someone has signed a non compete agreement for marketing a product similar the the one patented?

You need to file an objection to the injunction if there are no copyrights or patents. You should be given a hearing within 10 days of the entry of any emergency injunction. When you go to the hearing, you will need to show that there are no patents or copyrights on the product and that you have signed a non-compete agreement. However, if the company has evidence that you took information from the company in order to develop a product, they may be able to prevent you from using the information. The company cannot stop you without having a contract that states otherwise, aside from showing that you took information from them.

In Florida, what happens if an injunction has been issued but the accused party is never served, does the injunction stand?

In order to enforce the injunction in court, the person must be served. The person must be served as part of due process and will not be enforcible until they have been served. The injunction doesn't go away, but cannot be enforced until the person has been served. When being served, the person would have to sign it upon being served by a sheriff or personal service.

Injunctions are direct orders from the court that prohibit a person from certain behavior or actions. Violating a court injunction can result in arrest and legal ramifications. If you have been issued an injunction and have questions, you should ask an Expert to assist you in your legal rights.

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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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