Archive for Contempt Of Court
Family Law Lawyer Colorado Springs
Family Law Lawyer Colorado Springs: Types of Injunctions
Family Law Lawyer Colorado Springs explains that an injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions. They are issued early in a lawsuit to maintain the status quo by preventing a defendant from becoming insolvent or to stop the defendant from continuing his or her allegedly harmful actions. Choosing whether to grant temporary injunctive relief is a discretionary power of the court. Permanent injunctions are issued as a final judgment in a case. Failure to comply with an injunction may result in being held in contempt of court say Family Law Lawyer Colorado Springs. A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dis-solution of the plaintiff’s rights. The main reason for use of a preliminary injunction is the need for immediate relief. An individual who violates an injunction may be punished for Contempt of court. A person is not guilty of contempt, however, unless he or she can be charged with knowledge of the injunction. Generally, an individual who is charged with contempt is entitled to a trial or a hearing. The penalty imposed is within the discretion of the court. Ordinarily, punishment is by fine, imprisonment, or both.
Family Law Lawyer Colorado Springs: Mandatory Injunctions
Although the court is vested with wide discretion to fashion injunctive relief, it is also restricted to restraint of a contemplated or threatened action. It also might compel Specific Performance of an act. Such injunctions have been issued to compel the removal of buildings or other structures wrongfully placed upon the land of another. Family Law Lawyer Colorado Springs explains that in such a case, it issues a mandatory injunction, commanding the performance of a positive act expresses Family Law Lawyer Colorado Springs. Because mandatory injunctions are harsh, courts do not favor them, and they rarely grant them.
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Family Law Lawyer Colorado Springs: Preventive Injunctions
Family Law Lawyer Colorado Springs explains, this type of injunction prevents a threatened injury, preserves the status quo, or restrains the continued commission of an ongoing wrong, but it cannot be used to redress a consummated wrong or to undo that which has already been done say Family Law Lawyer Colorado Springs. An injunction directing an individual to refrain from doing an act is preventive, prohibitive, prohibitory, or negative.
Family Law Lawyer Colorado Springs: Permanent Injunctions
Family Law Lawyer Colorado Springs explains that a permanent or perpetual injunction is one that is granted by the judgment that ultimately disposes of the injunction suit, ordered at the time of final judgment. They have been granted to prevent blasting upon neighboring premises, to enjoin the dumping of earth or other material upon land, and to prevent Pollution of a water supply explains Family Law Lawyer Colorado Springs. This type of injunction must be final relief. Permanent injunctions are perpetual, provided that the conditions that produced them remain permanent. A Restraining Order is granted to preserve the status quo of the subject of the controversy until the hearing on an application for a temporary injunction. Family Law Lawyer Colorado Springs explains that a Temporary Restraining Order is an extraordinary remedy of short duration that is issued to prevent unnecessary and irreparable injury. Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted. Unless extended by the court, a temporary restraining order ceases to operate upon the expiration of the time set by its terms.