Legal TRO Declaration

LEGAL TRO DECLARATION

Court:    Case No.:    Jurisdiction:

Declarant:    Address:

Opposing Party / Respondent:    Representative/Attorney:

RECITALS

WHEREAS, Declarant has a justiciable interest in circumstances giving rise to immediate and irreparable harm absent provisional injunctive relief; and Declarant is a party to the action identified above and seeks a temporary restraining order to preserve the status quo pending further hearing; and

WHEREAS, Declarant alleges that the acts or threatened acts by Respondent present a substantial risk of immediate injury, loss or damage which cannot be adequately remedied by monetary award alone; and

WHEREAS, Declarant submits this declaration in support of a request for temporary relief and for a judicial determination of the facts and circumstances justifying issuance of a temporary restraining order and related provisional relief.

NOW, THEREFORE

Declarant hereby declares under penalty of perjury under the laws of the applicable jurisdiction that the foregoing recitals are true and correct, and further states as follows:

1. STATEMENT OF FACTS

On or about at or near , the following facts occurred that demonstrate immediate and irreparable harm:

2. GROUNDS FOR EMERGENCY RELIEF

Declarant asserts that: (a) immediate injunctive relief is necessary to prevent irreparable injury; (b) the balance of equities favors issuance of temporary relief; and (c) issuance of a temporary restraining order is in the public interest. The factual bases for these assertions are set forth in this declaration and in the attached exhibits.

  No contact/order prohibiting direct or indirect communication by Respondent with Declarant
  Ex parte relief requested where notice would cause further immediate harm
  Temporary asset restraint or preservation of property identified in exhibits

3. EVIDENCE AND EXHIBITS

Declarant submits the following evidentiary materials in support of this application. All exhibits are authentic to Declarant's knowledge and are attached or lodged with the court.

4. SERVICE, NOTICE AND OPPORTUNITY TO BE HEARD

To the extent practicable, Declarant has provided reasonable notice to Respondent of the requested relief. If any relief is sought ex parte, Declarant states the factual and legal justification for temporary court action without prior notice and will effect service as ordered by the court.

5. BURDEN OF PROOF; STANDARD

Declarant acknowledges that the issuance of a temporary restraining order is an extraordinary remedy and that the court will evaluate the probability of success on the merits, the potential for irreparable harm, the balance of equities, and the public interest. Declarant submits that on the record provided the requisite showing has been met.

6. DURATION, MODIFICATION, AND ENFORCEMENT

Any temporary restraining order requested is to remain in effect only for the period authorized by the court or until further order. Declarant requests that the order include provisions for service, modification upon showing of changed circumstances, and sanctions for contempt for willful violation.

7. ATTORNEY FEES AND COSTS

Declarant requests an award of reasonable attorney fees and costs to the extent authorized by statute, contract, or the court's equitable powers if Respondent is found to have acted in bad faith or in violation of the temporary restraining order.

8. NOTICE

All notices required or permitted under this declaration shall be delivered in writing to the contact information provided below and shall be effective upon receipt.

9. AMENDMENT; WAIVER

This declaration may be supplemented or amended by Declarant in writing upon reasonable notice or as permitted by the court. No waiver of any provision shall be effective unless made in writing and signed by the party against whom enforcement is sought.

10. GOVERNING LAW

This declaration, including requests for provisional relief, shall be governed by and construed in accordance with the laws of the jurisdiction in which the court sits, without regard to conflict-of-law principles that would apply another law.

11. ENTIRE AGREEMENT

This declaration contains the entire statement of facts and request for provisional relief by Declarant with respect to the subject matter herein and supersedes any prior written or oral statements to the court on the same matter, except as explicitly supplemented in writing and filed with the court.

12. SEVERABILITY

If any provision of this declaration or any part thereof is held invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect to the extent permitted by law.

DECLARATION AND VERIFICATION

I, the undersigned Declarant, declare under penalty of perjury under the laws of the above-named jurisdiction that the foregoing is true and correct and that this declaration is executed on the date indicated below.

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