Legal Restraining Order Motion

LEGAL RESTRAINING ORDER MOTION

Court Name:    Case No.:

Movant / Plaintiff Name:    Respondent / Defendant Name:

Movant Address:

Respondent Address (if known):

RECITALS

WHEREAS, Movant is an individual or entity seeking judicial relief to prevent imminent harm, harassment, or unlawful conduct by Respondent; and

WHEREAS, Movant alleges that Respondent engaged in the following conduct that justifies immediate injunctive relief:

WHEREAS, Movant has a substantial likelihood of success on the merits and will suffer irreparable injury absent temporary and/or permanent injunctive relief as set forth below.

NOW, THEREFORE

Movant respectfully moves the Court, pursuant to applicable rules of civil procedure and equity jurisdiction, for a temporary restraining order and preliminary and permanent injunctive relief against Respondent, and in support thereof states as follows.

1. JURISDICTION AND VENUE

The Court has subject matter jurisdiction over this Motion because the claims arise under state law and equitable principles permitting injunctive relief. Venue is proper in this Court because the acts complained of occurred in this jurisdiction or Respondent resides or may be served within this Court's territorial jurisdiction.

2. FACTUAL BACKGROUND

Movant states the facts constituting the basis for this Motion as follows. Provide dates, locations, and material occurrences with specificity.

Summary of incidents:

Most recent incident date:    Location of most recent incident:

3. LEGAL GROUNDS FOR INJUNCTIVE RELIEF

Movant is entitled to temporary and preliminary injunctive relief where: (a) Movant demonstrates a substantial likelihood of success on the merits; (b) Movant will suffer irreparable harm in the absence of immediate relief; (c) the balance of equities tips in Movant's favor; and (d) an injunction is in the public interest. The facts set forth herein satisfy these requirements.

4. RELIEF REQUESTED

Movant requests the following relief:

1. Issuance of a Temporary Restraining Order prohibiting Respondent from contacting, approaching, telephoning, texting, emailing, or otherwise communicating with Movant or coming within specified distance of Movant:

Prohibited acts and distance:

2. Entry of a preliminary injunction pending final determination of this action restraining Respondent as above;
3. Entry of a permanent injunction after trial or final hearing;
4. An order for security or bond if required by the Court in connection with any temporary restraining order;
5. Any further relief the Court deems just and proper.

5. SUPPORTING EVIDENCE

Evidence offered in support of this Motion includes affidavits, declarations, witness statements, photographs, electronic communications, and any police or other official reports. Attach or list exhibits below.

List of Exhibits:

6. NOTICE AND SERVICE

Movant requests that the Court set a hearing date for a preliminary injunction and permit service of this Motion and any temporary restraining order upon Respondent by the method permitted under the rules of civil procedure, including personal service, substituted service, or any other method the Court deems appropriate where actual notice is impracticable.

7. BOND

Movant requests that the Court waive or set a reasonable bond requirement. Proposed bond amount (if any):

8. PROPOSED ORDER

Movant submits a proposed form of temporary restraining order and preliminary injunction to the Court and requests that the Court sign the proposed order or issue an order using the terms requested herein.

Proposed duration of temporary restraining order:

9. HEARING

Movant requests an expedited hearing. Preferred hearing date: . Alternative availability or constraints:

10. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any resulting orders shall be governed by the laws of the state in which this Court sits and applicable principles of equity.

Entire Agreement: This Motion contains the entirety of Movant's requested temporary and permanent injunctive relief as presented to the Court and supersedes any prior oral or written requests for the same relief.

Severability: If any provision of an order entered pursuant to this Motion is held invalid, that invalidity shall not affect other provisions that can be given effect without the invalid provision.

Amendments; Waiver; Counterparts: Any amendment or waiver of the terms requested herein shall be in writing and signed by Movant and approved by the Court. This Motion may be executed in counterparts and via electronic signature where permitted.

11. DECLARATION AND SIGNATURE

I, the undersigned Movant or Movant's counsel, declare under penalty of perjury under the laws of the state that the foregoing is true and correct to the best of my knowledge, information, and belief, and that this Motion is brought in good faith.

Attorney of Record (if applicable)

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