If you want to take action to stop another person or company from doing something against your wishes or interests, it is necessary for you to get a special court order. There are three types of such court orders--a temporary restraining order, a temporary injunction and a permanent injunction. This tape will define these three special court orders and explain the procedures for obtaining each one.

A restraining order is one which immediately, but only temporarily, orders another person or company to stop an action against you or your property for a certain period of time. A temporary restraining order would, for example, stop a husband from bothering his estranged wife. [A temporary restraining order becomes effective and binding on the party to be restrained at the time of service or when he is informed of the order, whichever is earlier.] Every temporary restraining order granted without notice shall expire in 15 days or within the time period stated in the order, whichever is shorter. The order can be extended by the court, or by agreement if the person the order is against consents. However, there is an exception for domestic relations or divorce cases. Temporary restraining orders in those cases may remain in force for whatever the judge requires. The order usually remains in effect in a domestic case or divorce case until a special hearing can be held. Restraining orders, other than ones in divorce cases, usually have a hearing scheduled within 15 days of the time the judge signs the temporary restraining order.

To obtain a temporary restraining order, you must file a lawsuit and show an immediate need for a temporary restraining order which must be shown by your affidavit and/or your personal appearance before the court. If the judge is convinced that a need exists, he can usually sign a temporary restraining order without hearing from or notifying the other party.

When the special hearing is held, it is again up to the person who requested the temporary restraining order to convince the court that the order should continue in the form of a temporary injunction.

An injunction is a legal order which prohibits a person or a group from carrying out a given action. An injunction can also order a given action to be done.

A temporary injunction serves for a short time period. Its purpose is to keep things as they are until the case can come to trial and a final judgment can be made in court. A temporary injunction cannot be issued without notice to the adverse party.

A temporary injunction is normally used only when a permanent injunction will also be requested. When filing a lawsuit for a temporary injunction, you must say that you are also seeking a permanent injunction.

If you are asking the court for a temporary injunction, it may be necessary for you to put up a bond either by cash deposit or in the form of a surety bond to provide a fund to compensate the other party for his damages, if it is found that the restraining order or temporary injunction should not have been granted. The court usually determines the amount of the bond. If a permanent injunction is granted after the judge has heard all the facts in the case, the bond is returned or canceled.

A permanent injunction is final and usually is made when there is no way for the judge to determine money damages to compensate the injured party, and to prevent a continuing wrongdoing and irreparable harm. An example of this would be a case where there have been repeated trespasses on a person's land.

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