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Motion for Temporary Restraining Order - Department of Justice

Motion for Temporary Restraining Order - Department of Justice 2025

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The document is a legal motion filed by Joseph Gale against the City of Royal Oak Police Department, seeking a temporary restraining order to halt the police's policy of stopping and frisking individuals without reasonable suspicion. The plaintiff argues that this policy violates the Fourth Amendment, constitutes false imprisonment, and poses a threat of irreparable harm to him and others. The motion outlines the legal basis for the request, citing relevant case law and asserting that the enforcement of such policies undermines constitutional rights.

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What is the difference between injunction and temporary injunction?

A temporary injunction is an interim relief i.e, it is temporary in nature. It is a temporary order, and not a permanent solution. A permanent injunction deals with the finality of a judgement, thus providing a definite and permanent resolution of the matter.

What qualifies for a restraining order in Louisiana?

Although anyone can ask the court to issue an order restraining someone else in order to prevent behavior that is potentially harmful, only those orders issued to prevent domestic abuse, dating violence, stalking or sexual assault are included in the Louisiana Protective Order Registry.

What is the difference between a preliminary injunction and a temporary restraining order?

TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.

Can you file a restraining order on someone without them knowing?

If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.

What is the standard for a temporary restraining order?

To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing .

What are the factors for a temporary restraining order?

To obtain a temporary restraining order, the plaintiffs must prove four elements: (1) likelihood of success on the merits; (2) irreparable harm; (3) that less harm will result to the defendant if the TRO issues than to the plaintiffs if the TRO does not issue; and (4) that the public interest, if any, weighs in favor

Is a temporary restraining order the same as a preliminary injunction?

To cover those situations in which notice cannot be reasonably given, Rule 65 provides for temporary restraining orders (or TROs), A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.

What is the difference between an order and an injunction?

Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.

What is a DC temp restraining order?

A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.

Motion for Temporary Restraining Order - Department of Justice 2025

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What is the difference between injunction and temporary injunction?

What qualifies for a restraining order in Louisiana?

What is the difference between a preliminary injunction and a temporary restraining order?

Can you file a restraining order on someone without them knowing?

What is the standard for a temporary restraining order?

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People also ask

What are the factors for a temporary restraining order?

Is a temporary restraining order the same as a preliminary injunction?

What is the difference between an order and an injunction?

What is a DC temp restraining order?

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Motion for Temporary Restraining Order - Department of Justice 2025

Here's how it works

The easiest way to modify Motion for Temporary Restraining Order - Department of Justice in PDF format online

Complete this form in 5 minutes or less

Got questions?

What is the difference between injunction and temporary injunction?

What qualifies for a restraining order in Louisiana?

What is the difference between a preliminary injunction and a temporary restraining order?

Can you file a restraining order on someone without them knowing?

What is the standard for a temporary restraining order?

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People also ask

What are the factors for a temporary restraining order?

Is a temporary restraining order the same as a preliminary injunction?

What is the difference between an order and an injunction?

What is a DC temp restraining order?

Related links

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