Restraining Orders
| Good [+1]Toggle ReplyLink» mindset replied on Mon Feb 24, 2003 @ 6:11pm |
 Coolness: 52525 | 1. Develop a theme and go for the jugular.
The Court has limited time to review your case. The facts and law should be developed in a concise manner to make the Court comfortable that your position is on solid ground. Make sure that the theme goes to the jugular to compel the court to join your position. 2. Make sure that the facts support your legal contentions with admissible evidence. The declarations accompanying the motion for restraining order should have enough factual basis to back up your contentions. That usually means that the declarations must have enough detail and foundational material so that the evidence set forth in the declaration consists of admissible evidence which is both credible and plausible. 3. Tell the court why the restraining order is truly needed. Obviously, if the matter has been in dispute for a lengthy period of time, there is some question as to whether a restraining order is warranted or not. However, there may be situations even where there has been a lengthy delay where a change of circumstances may suddenly warrant the request for a restraining order. 4. Does the request for a restraining order truly warrant the Court's intervention? Courts have limited resources, limited power and must use their power wisely and judiciously. Restraining orders may and still be under certain circumstances be considered extraordinary remedies and the exercise of that power should not be squandered upon trivial matters which may have a tendency to in some way impugn the integrity or importance of the court. For that reason if a public interest can be shown, that will significantly increase the likelihood of the court wishing to grant the restraining order if at all possible. 5. What is the urgency? Do not ask for a temporary restraining order if it is not warranted. A temporary restraining order can be appropriated in some cases if the parties have acted quickly, but the "knee jerk" approach to seeking a temporary restraining order is frowned upon by the courts. First, the temporary restraining order has a tendency to use up valuable judicial time and if it is unlikely that the court will grant the order, there is an attitude on the part of the judiciary that the attorney is wasting the time of the court. As a result, it is important to look and weigh the reasonableness of seeking a temporary restraining order along with an order to show cause re preliminary injunction. Thus, for example, if discussions where knowledge has existed for six months, it may be a rare situation where a temporary restraining order is still warranted. 6. Determining the documents to file If a temporary restraining order is appropriate, the paperwork might include the proposed temporary restraining order, an order to show cause re preliminary injunction and a proposed preliminary injunction. If no temporary restraining order is sought, the two approaches to obtaining a preliminary injunction hearing are by filing either a motion for preliminary injunction which can be served along with the summons and a complaint or by obtaining an order to show cause re preliminary injunction. 7. Will the Court "feel good" about granting a restraining order? In order to obtain a restraining order, it is important to convince the Court both that the facts and law are in your favor. But there is also a subtle factor in determining whether or not after granting a restraining order motion if the Court will feel good about its decision. That might be affected by a number of factors including how the court will perceive that you will act in relationship to the motion, whether you have indeed provided the court adequate support both in law and fact and whether the court has good instincts about the bona fide use of your case. 8. Don't squander your credibility with the trivial. The court has limited time to consider the issues. Don't waste the court's time with small matters. 9. Do not forget about the bond. While obtaining a preliminary injunction or temporary restraining order, is a significant achievement in itself, it is useless unless your client can obtain a bond so that the order may be enforced. This usually means preparation in advance to make sure that a bond is available for your client at such time as the court decides that it will grant preliminary relief. The way to handle this is by contacting a bonding company at the outset. The bonding company will charge a premium for a bond. The bond is typically like an insurance policy in which it charges a percentage such as 1% or 2% on the face value of the bond for each period of one year. A premium of one year is collected with the bond. Depending upon the financial statement of your client, a bond may or may not be written on signature. This generally means that your client will have to often complete a financial statement showing its ability to respond to damages in the event that the Court forecloses on the amount of the bond which turns out to be improvidently granted. Although your client may be reluctant to do so, it is important for it to have early communication with the bonding company so that the bond can be written immediately after the restraining order is ordered. If your client happens to be a very large company, the bonding company may be satisfied without a necessity of formal paper work, but that may not be true for smaller companies and individuals and in some situations, the bonding company may not even agree to bond the company except on deposit of actual funds, CDs, or other marketable securities. |
| Good [+1]Toggle ReplyLink» mindset replied on Wed Feb 26, 2003 @ 12:03am |
| Coolness: 52525 | cherry onion kiss says:
jackie wants me to be a witness cherry onion kiss says: when she gets the restraining order cherry onion kiss says: in court cherry onion kiss says: "he called me a bitch on the internet!" cherry onion kiss says: she really, really is that stupid. cherry onion kiss says: i know. this girl is so self absorbed, she's conviced herself that she can send ben to jail cherry onion kiss says: i cherry onion kiss says: 'm loving the whole thing cherry onion kiss says: i told her i'm getting a restraining order against her, cause she's a stupid-stupid. |
| Good [+1]Toggle ReplyLink» nothingnopenope replied on Wed Feb 26, 2003 @ 12:28am |
 Coolness: 201205 | wow, do you ever stop bitching about crap |
| Good [+1]Toggle ReplyLink» Unknown User replied on Wed Feb 26, 2003 @ 12:33am |
| Coolness: 15440 | what the fuck is this? |
| Good [+1]Toggle ReplyLink» mindset replied on Wed Feb 26, 2003 @ 12:55am |
| Coolness: 52525 | this is AWESOME |
| Good [+1]Toggle ReplyLink» Violence_Inc replied on Wed Feb 26, 2003 @ 10:09am |
 Coolness: 174070 | hahahaha i could. |
| Good [+1]Toggle ReplyLink» cloak replied on Wed Feb 26, 2003 @ 12:31pm |
 Coolness: 57405 | i'm gonna get a restraining order against nter because he told me to get a haircut. |
| Good [+1]Toggle ReplyLink» ashtraygirl replied on Wed Feb 26, 2003 @ 1:25pm |
 Coolness: 89465 | sharon's a stupid-stupid. siiiiiiiiiiiiii? |
| Good [+1]Toggle ReplyLink» mindset replied on Wed Feb 26, 2003 @ 3:45pm |
| Coolness: 52525 | this, is AWESOME. |
| Good [+1]Toggle ReplyLink» eLDee replied on Wed Feb 26, 2003 @ 3:55pm |
 Coolness: 120895 | you're behaving like fucking 6 year olds.. GROW UP FOR FUCKS SAKE! NOBODY REALLY CARES!!!! |
| Good [+1]Toggle ReplyLink» mindset replied on Wed Feb 26, 2003 @ 6:10pm |
| Coolness: 52525 | caps locks are for six year olds. |
| Good [+1]Toggle ReplyLink» neoform replied on Wed Feb 26, 2003 @ 6:20pm |
 Coolness: 339645 | really? i thought it was for typing things in caps. |
| Good [+1]Toggle ReplyLink» mdc replied on Wed Feb 26, 2003 @ 6:21pm |
| Coolness: 148795 | fool.. you must be a six year old then |
| Good [+1]Toggle ReplyLink» eLDee replied on Wed Feb 26, 2003 @ 8:12pm |
| Coolness: 120895 | ben.. stop changing the subject.. running away from a problem doesn't make it dissapear |
| Good [+1]Toggle ReplyLink» da_instagatah replied on Thu Feb 27, 2003 @ 2:28pm |
 Coolness: 144210 | its really nobodys buisness. |
| Good [+1]Toggle ReplyLink» tuesmondieu replied on Thu Feb 27, 2003 @ 2:29pm |
 Coolness: 94305 | chelsAY call me. |
| Good [+1]Toggle ReplyLink» mindset replied on Thu Feb 27, 2003 @ 2:32pm |
| Coolness: 52525 | hey, eldar, you're inferior. |
| Good [+1]Toggle ReplyLink» da_instagatah replied on Thu Feb 27, 2003 @ 2:33pm |
| Coolness: 144210 | BAHAHAHAHAHAHAHAHAHA.
HA. yes i will call you soon. |
| Good [+1]Toggle ReplyLink» tuesmondieu replied on Thu Feb 27, 2003 @ 2:33pm |
| Coolness: 94305 | NOW! |
| Good [+1]Toggle ReplyLink» mindset replied on Thu Feb 27, 2003 @ 2:33pm |
| Coolness: 52525 | shut up you whining bitch. |
Restraining Orders
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