How do you file an injunction?


Quick Answer

To file an injunction, draft a petition according to the regulations of your state, file the petition with the clerk of the court, and serve the petition to the opposing party as required, explains eHow. In some cases, you are able to file a petition for an emergency injunction, which may be granted immediately by the court.

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Full Answer

Many courts provide forms that state the information needed to file a petition for injunction, informs eHow. Common information required in such forms includes the names and addresses of the parties petitioning for the injunction, as well as the same information about the opposing party. Circumstances leading to the request for injunction should be clearly detailed in the petition. This includes specific dates, times and places of actions that led to the filing the petition. The party filing the injunction is usually responsible for providing the opposing party a copy of the petition.

An injunction by the court mandates that a party undertake an action or refrain from an action, according to eHow. As such, the court is bound to review the consequences of an injunction to either party and to the case at hand before making a decision. Often, injunctions are granted when the court decides that not granting an injunction may lead to serious harm, personal or financial, to the party seeking it.

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