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How to File an Injunction Without a Lawyer? – [Things to Know]

By glory on September 22, 2018 12

How to File an Injunction Without a Lawyer? – [Things to Know]

A legal order requiring one to withdraw from something or to act in a particular way is called an injunction. To petition an injunction hearing, you will fill the forms with the courts. People request this in many situations such as a tenant-landlord matter where the tenant needs the landlord to secure some safety hazard. Such cases demand minimal paperwork and are often settled easily. Other cases might be complex as in business cases which demands that a decision is made concerning capital, and capital sharing ratios, or even partnership arrangements. Here, the attention of an attorney is needed.

Steps to File an Injunction Without a Lawyer

PETITION DRAFTING

A petition for an injunction may vary depending on the nature of the case as well as the state where you are residing or filling it. Court usually present a sample of petition forms which they will ask you to download if the case is an order to stop harassment of any kind or an issue between the tenant and the landlord disputes.  A typical petition form demands a list of major information concerning yourself, which includes; your name, date of birth, contact address and other information concerning the other party in the petition.

In the form, you are required to state every condition that has led to that injunction request. They include; times, dates of the harassment or the neglects of the other party in doing what the court has asked him to do. When it comes to the complex cases, you may need to file additional paperwork. For example, requesting action from your business partner in dissolving the company, case briefings with other documents, or the ones that are similar to those filed in the civil lawsuit.

SERVICING AND FILING

The following are the requirements for filing the petition for an injunction.

  • Sign with the court clerk
  • Put the date of your request
  • Wait for the processing of the petition by the court
  • After that, there will be a notice from the court to you through your mail for the first hearing date.

It will not end there! You will need to serve the second party with the official copy of the petition for an injunction. The court sheriff will deliver the petition for an injunction. And he will receive payment for that too.

EMERGENCY INJUNCTIONS

Sometimes, an injunction might be heard without prior information to the other party. In such cases, it is described as “ex parte” hearing showing that the second party is not aware of such a petition. This is known as an emergency injunction. You can still refer to it as “temporary restraining orders” The procedures, as well as resources in filing a standard injunction, are similar to those described above. You will request for an “emergency injunction” or a “temporary restraining order” form from a court clerk, and then you complete and file it. The court clerk will direct you to the particular office heading the emergency injunctions. You will have to check in and wait with the court clerk for “call up” of the case by the judge

The other party will not learn of the order till the emergency injunction is allowed. Granting of the emergency injunctions means that the other party will be served with such an injunction. Emergency injunctions require a limited period when the parties will return for a formal hearing of both sides and a “permanent injunction”.

Conclusion

You can easily file an injunction without a lawyer if you wish because it is as easy as ABC. However, you may not receive approval of the injunction immediately because the judge will cautiously weigh the injunction to know if the evidence and the facts are suitable for the court to handle. If after the review it is found that the injunction is without merit, or can cause harm to the other person, the court will withdraw from such case. Judges hate making a bad situation worse by filing a case concerning domestic violence without concrete evidence at first hearing. There might be retaliation by the other party especially when injunctions are filed, and the court rejects it. Therefore the judges will adhere to evidence and facts on the ground for making his decision according to the constitution.

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Reader Interactions

Comments

  1. Oru Osima kenneth says

    March 16, 2019 at 7:57 pm

    Am okay with all the information given above ,my regards

    Reply
  2. Teresa llanes says

    April 14, 2019 at 12:19 pm

    Thanks for your online info & LEARNINg,
    Re: filing injunction without a lawyer, etc.

    Appreciate very much.

    Reply
  3. Alberto Rojas Jr. says

    May 6, 2019 at 3:35 pm

    I need to file an injunction against a district judge for violation of civil rights, judicial misconduct, abuse of judicial discretion, and child endangerment, along with aiding and abetting in a crime. of course I have proof and witnesses, where do i start? I am pro se and indigent
    thank you.
    A.R.

    Reply
    • nicholas rossi says

      May 27, 2019 at 4:32 pm

      try to talk to an ADA in your county… you’re climbing a pretty high mountain there…

      Reply
    • D donaldson says

      June 10, 2019 at 7:01 am

      I’ve been involved in a similar situation in a Kentucky court Family Court I hope you get the fuckers disbarred

      Reply
    • Michael Leland Holiingsworth says

      November 16, 2019 at 9:45 am

      Times have changed !
      it is evident now that federal and state judges move with political intent .. the judge will know whether or not you are a Republican or Democrat , if you feel that you are being discriminated against because of your political views or your culture such as being a American Christian , which is now frowned on in the us. It would be best to file a lawsuit for constitutional rights violations against the state in which you live or against the United States..trying to sue the judge will be almost , if not impossible ! but you can file ethics complaint against the person you believe violated your constitutional rights.

      Reply
    • Sandra says

      February 13, 2020 at 11:53 pm

      Where are you in thE world? I need to do a similar Thing to a disTrict judge who caused all my Troubles And not sure i stand any chance !!

      Reply
  4. Robert Stanfield says

    May 20, 2019 at 1:24 am

    How to file injunction against county for the new trash tax of 12o dollars ANNUALy Which is more than my personal taxes with out my consent

    Reply
  5. jeannette robinson says

    September 14, 2019 at 2:47 pm

    We are a Homeowners Association for a Condo Complex. The builder has begun 4 new units after reneging on his promise to all the residents to pave the road from the entrance to all units. This promise was made last year with a guarentee the work would be done “before winter”. We would like to obtain an injunction to his building until he fulfills his promise. He is now saying he wants the HOA to pay a $1,000 fee per new unit before he will pave. That was never discussed before.
    We have been in mediation with our city counsel and a promise to pave was made by the builder and no mention of fees was made then. Is an injunction to proper way to go?

    Reply
  6. KatHy says

    September 21, 2019 at 9:24 pm

    Can yoU advise on landas filing. My couNty commissioners approved a rezoning two years ago with a requirement for a special use permit and planning and zoning issued building permits with out the sup. I challenged them on the isSued and they held an executive session to DISCOVER HOW that happened Off the Record it wAs suggested i File an INJUNCTION BEcause they won’t stop the building for fear Of builder Filing against them. Could BUILDER file against me of i do file

    Reply
  7. Shea says

    October 19, 2019 at 3:06 pm

    How do i file an injunction againt the city to halt them beginning construction? me and my fiance were supposed to get married outside at a venue, we signed a contract saying we would get the outside patio. now the city says we cant have the ceremony outside because theyve decided to start some construction

    Reply
  8. Marc Kramer says

    October 21, 2019 at 8:31 pm

    I need to file an emergency injunction as my spouse has obsconded with my children across state lines after abandonment of our home and marriage. I don’t have an address but believe that I know where they are located. How do I motion the court for an emergency injunction and allocation of parentage?

    Reply

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