Mississippi Restraining Order Lawyer and Attorney for Injunctions and Restraining Orders
Injunctions and restraining orders are essentially the same. In cases of alleged domestic abuse the legislature has adopted a specific law (statute) setting forth the procedure that can be used to obtain a restraining order against a spouse, domestic partner, current or former boyfriend or girlfriend, or family member. That law can be used in alleged domestic abuse situations or your attorney may choose to use the other method which is provided by the Mississippi Rules of Civil Procedure. An injunction is a court order commanding or prohibiting an action. An injunction that forbids or restrains an act is known as a prohibitory injunction. An injunction that orders and affirmative act or mandates a specified course of conduct is known as a mandatory injunction. A prohibitory injunction is the most common kind of injunction. Most litigants seeking an injunction are actually seeking a temporary restraining order (TRO). A temporary restraining order is an order of the court forbidding an action or mandating an action and which is entered by the court with only the seeking party appearing before the court; in other words without the court having the benefit of hearing from the other side. In the majority of applications, the domestic area is where this is employed. For example one parent may seek to get immediate custody of a child under the allegation that the other parent poses an immediate danger to the child. There are other applications, however, such as when a company seeks to immediately stop a former employee from divulging trade secrets. To get a temporary restraining order, the plaintiff must show: (1) That immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard in opposition and, (2) The applicants attorney must certify to the court in writing the efforts, if any, which have been made to give notice to the opposing party and the reasons supporting his claim that notice should not be required. Mississippi Rules of Civil Procedure 65(b). Unless the temporary restraining order is one involving domestic relations, it is valid for only 10 days and bond must be posted before it may be enforced. In domestic relations cases, the temporary restraining order can, and often does, extend for more than 10 days and no bond is required by the rule, but the court may impose a bond requirement in its discretion. In cases involving other than domestic relations matters, within 10 days of a temporary restraining order being issued a hearing must be held to determine if a preliminary injunction should be issued and at that hearing the plaintiff must show: (1) There exists a substantial likelihood that the plaintiff will prevail on the merits on the underlying suit, (2) The injunction is necessary to prevent irreparable injury, (3) The threatened injury to the plaintiff outweighs harm that an injunction might do to the defendant, (4) An injunction is consistent with the public interest. City of Durrant v Humphreys County Memorial Hospital/Extended Care Facility, 587 So. 2d 244 (Miss. 1991). A trial must be held in order to determine whether a preliminary injunction will become a permanent injunction. One of the legal considerations in that proceeding is whether there exists a plain, adequate, and complete remedy at law for the plaintiff. If so, the equitable remedy of injunction will be denied. Injunctions and restraining orders are considered among the highest forms of judicial relief. Therefore if it is later shown that the temporary restraining order was wrongly sought, the court will normally award attorney’s fees to the party who did not seek the temporary restraining order and such awards can be quite substantial. The courts may also additionally assess what is known as sanctions, which are financial penalties, against the client and the lawyer. It is therefore very important to choose an attorney who knows and understands the law on injunctions and restraining orders and who can carefully advise you as to the course of action to take. At the Law Offices of Attorney John R. Reeves, P.C., we take all requests for temporary restraining orders and injunctions very seriously. We carefully weigh the facts and the law for you and consult thoroughly with you so that you are informed and so that you may take the course of legal action which is most likely to advance your position and which will most likely avoid creating problems for you with the court.
Please contact us to arrange for a confidential consultation with Mississippi Restraining Order Attorneys, and Mississippi Restraining Order Lawyers.