Las Vegas Injunction and Temporary Restraining Order Attorney
What happens if you are involved in a dispute with a business partner or other person and that person begins to do things to hurt your business, such as inducing clients or customers to stop doing business with you, or withdrawing money from bank accounts or selling assets? In many instances a party can obtain an injunction or temporary restraining order mandating that the party stop engaging in the damaging conduct, and in some instances, undo the acts. An attorney experienced in handling such matters is extremely helpful.
What is an Injunction?
The definition of an injunction is an equitable remedy, designed to protect property or other right from irreparable injury by prohibiting or commanding certain acts. The term also refers to a court order or writ that directs a person either to refrain from doing certain acts or if the relief is mandatory to undo the wrong or injury with which the person is charged. It may be the final order in an action or it may be allowed as a provisional remedy.
Commonly referred to at the “strong arm” of equity, it is an extraordinary remedy that should be used sparingly and only in a clear case and may be granted or denied in the discretion of the court. An injunction is not appropriate if a different remedy can furnish the injured party with the full relief to which he or she is entitled, such as money damages.
Injunctions are ordinarily preventive or protective in character and operate on unperformed acts rather than on those that have already occurred. It attempts to foreclose future harmful acts and is generally not intended to redress, or punish for past wrongs. To obtain relief based on past injury, the plaintiff must show a real and immediate threat that the injury will continue or be repeated. Rights already lost and wrongs already perpetrated ordinarily cannot be corrected by an injunction. Oftentimes, past wrongs can be compensated for in the form of damages. An experienced litigation attorney can assist you in recovering those damages.
When can an Injunction be Obtained?
In Nevada, an injunction may be granted when it appears that the person requesting it is entitled to the relief demanded, and such relief consists in restraining the commission of continuance of the act complained of, either for a limited period or perpetually, or when it appears by the complaint or affidavit that the commission or continuance of some act, during the litigation, would produce great or irreparable injury to the requesting party, or when it shall appear, during the litigation , that the responding party is doing or threatens, or is about to do, or is procuring or suffering to be done, some act in violations of the requesting party’s rights respecting the subject of the action, and tending to render the judgment ineffectual.
No injunction can be issued without notice to the adverse party. In order to obtain an injunction the requesting party must submit a sworn affidavit stating what conduct the other party is engaging in and how the conduct is damaging the requesting party’s rights.
Also, if it appears that a party or other person is doing or threatening to do some act against a victim of a crime or a witness the court may issue an injunction restraining that party or other person from the commission or continuance of the act. This would include the party’s agents and attorneys
What Happens if an injunction is Violated
If a party violates an injunction they can be sanctioned by the court in a variety of ways, including being charged with contempt of court. In some instances the sanctions could include the dismissal of that party’s complaint or answer, allowing a default to be entered against the violating party. The following example illustrates the potential severity of sanctions that can be imposed for violation of an injunction:
In the midst of litigation between a company and one of its former officers involving a claim of over ten million dollars, the plaintiff (the former officer) began destroying computer files and making threatening phone calls to the president and CEO of the company as well as employees of the company. The company’s attorney filed a motion with the court for an injunction to prohibit the plaintiff destroying the computer files and from contacting any of the company’s employees or witnesses. The court granted the motion and issued an injunction against the plaintiff. The court ordered plaintiff to stop destroying files and cease contacting any of the company’s employees. The court further ordered that all contact with any of the company’s witnesses or employees must be through the company’s attorneys.
Plaintiff and his counsel parted ways and Plaintiff obtained new counsel. The new attorney was aware of the injunction prohibiting the plaintiff from contacting employees of the company. Nonetheless, the new attorney arranged for a meeting with two employees without informing the company’s attorney. The employees were unaware that the plaintiff would be at the meetings until the meeting occurred. At the meeting the plaintiff threatened the employees with a law suit if they testified against him. The employees were unaware of the injunction, but later informed their supervisors of the meeting. The supervisor informed the company’s attorney of the threats made by the plaintiff.
The company’s attorney filed a motion with the court reporting the violation of the injunction. As a result of the violation of the injunction against harassing the company’s employees and the threats made by plaintiff, the court entered an order striking the Plaintiff’s complaint, allowing a default against the plaintiff on the company’s counterclaim. The plaintiff’s claim for over $10,000,000 was dismissed with prejudice.
The factual situation above illustrates the types of injunctions that the court can issue and how serious the penalty can be for violating an injunction. If you find yourself in a situation where the opposing party is engaging in harmful conduct you should seek the help of an experienced attorney to evaluate whether or not an injunction should be obtained.
Temporary Restraining Orders
A temporary restraining order is an order preventing a party from performing some act while an application for an injunction is pending. It may be granted without notice to the adverse party or that party’s attorney if it clearly appears from the facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the person applying for the order before the adverse party or that party’s attorney can be heard in opposition.
Typically, a temporary restraining order expires within 15 days unless, for good cause shown, it is extended by the court, or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered in the court record. If a temporary restraining order is granted without notice, the motion for a preliminary injunction is scheduled for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character. If the requesting party does not proceed with the application for a preliminary injunction the temporary restraining order will be dissolved.
The party against whom the temporary restraining order applies, upon two days notice, may file a motion for its dissolution or modification and the court will proceed to hear such motion as quickly as possible.
Contents of Orders
Every order granting an injunction and every restraining order must sate the reason for its issuance. It must be specific in terms and describe in reasonable detail the act or acts sought to be restrained. The order is binding only on the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Security Required to be Poste
No restraining order or preliminary injunction can be issued unless the requesting party provides security in an amount that the court deems proper. The security is to provide for the payment of any costs or damages as may be incurred or suffered by a party who is found to have been wrongfully enjoined or restrained. The security is normally given in the form of a bond from a surety.
Because injunctions and restraining orders can affect the rights of the parties involved and the posting of security is required, an experienced attorney should always be consulted to determine whether or not an injunction or temporary restraining order is warranted or appropriate. The Wright Law Group, P.C. has more than 20 years litigation experience, including restraining orders and injunctions, and is well equipped to assist you in handling your case. Please call us at 702-405-0001 to schedule a consultation.