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JerrySJD
JerrySJD, Attorney
Category: Business Law
Satisfied Customers: 821
Experience:  Attorney for business formation, business sales, tax, partnerships, sole proprietors and buy/sell agreements.
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What is d procedure for business restraining order against

Customer Question

what is d procedure for business restraining order against employee, silent partner. where do u get d restraining order?
Submitted: 5 years ago.
Category: Business Law
Expert:  JerrySJD replied 5 years ago.
JerrySJD :

What you probably need is called an injuction. This involves filing a complaint, showing irreparable harm, an affidavit and a brief. These are most commonly seen in cases involving noncompete situations. If you have a noncompete agreement, it often helps, but it is in now way dispositive. It all depends on the facts and circumstances. Usually better to use an attorney for something like this, if you can afford one.

JerrySJD :

The forms are available on line. There are a number of companies that offer them.

JerrySJD :

The procedure is that the complain is filed and served. The affidavit and brief go in with it. Then there is a hearing shortly thereafter, usually within a week or two. If it is a real emergency, the case can be heard sooner.

JerrySJD :

You mention that this is a silent partner/employee. If it is a partner, they will have defenses (they own part of the business as a partner), so factor that in. It would be a good idea to speak with an attorney in a consultation before you proceed. Initial consultation should be for free. You might speak with 2-3 attornies first. Then decide if you want to go ahead on your own, use an attorney, or find another way to resolve the situation. My concern is the partner aspect, as they will say they have a right to do what they are doing. If there is a noncompete and it is enforceable, then you have a shot.

JerrySJD :

Hope this helps. If you need more, just let me know.

JerrySJD :

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