Find Out How to Get Emergency Injunctive Relief
There are times when a competitor, employee, or even customer becomes disgruntled and decides to take their frustration out on your or your business. In cases like this, you may need emergency injunctive relief. Essentially, this would either compel someone to perform a certain act, called a mandatory injunction, or prohibit someone from taking certain actions, called a prohibitory injunction.
At NW Business Law Group, we can help you get an injunction issued during your business dispute. We would be happy to listen to your situation and provide our recommendations.”Contact
Restraining Orders, Injunctions, and Emergency Relief
Sometimes, a company dispute will present a real emergency – a dire situation where help is needed immediately. While courts are often reluctant to award emergency relief (and we advise all of our clients accordingly), there are times when the situation truly cannot wait, and a client may need urgent action by the Court to protect his or her business.
When a client faces a true emergency, and when there can be no doubt that irreparable injury to a client’s life or to her company (beyond loss of money) will result without the intervention of the courts, our litigation attorneys are willing and able to help.
Obtaining a Restraining Order
The first line of emergency relief is a motion to obtain a restraining order (usually a temporary restraining order). A restraining order is a court order restraining a certain activity until some later time in the future (typically, about 2 weeks), after which a restraining order must be changed by motion to a preliminary injunction, which has the same effect but lasts until the close of the case.
Preliminary Injunctions and Temporary Restraining Orders
When you obtain a preliminary injunction or a temporary restraining order, you receive, in effect, an order for protection of the status quo. Such a protective order is enforceable through the court’s powers of contempt. Courts typically have broad powers of contempt, which can include financial sanctions, attorney fees, and – in extreme cases – confinement (incarceration or imprisonment for a limited period of time). In other words, with the help of a capable and dedicated attorney, once you receive a protective restraining order, your opponent will not have the choice to violate it.
In a business case, the factual standards of proof for obtaining injunctive relief are high. Typically, courts are reluctant to restrain the behavior of parties, and you must show proof of actual current conduct – such as the illegal liquidation of a unique and irreplaceable corporate asset (such as land). Even a strong probability of threatened misconduct will usually not suffice. However, if there is a real risk that your opponent’s conduct will render judgment ineffectual, it may often be worthwhile to pursue a temporary restraining order or preliminary injunction.
While restraining orders are more commonly awarded in divorce and family law cases, please bear in mind that those disciplines are outside of our practice areas. We do not practice in family law.
If you feel you face a real emergency (or if you face the prospect of an injunctive order from a court), feel free to call us at (206) 209-0069 (in Seattle) or (503) 913-6041 (in Portland).