101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Injunctive Relief

An injunction is an order from the court to refrain from certain conduct or to perform some certain act(s). It is a form of equitable relief. In contrast, legal relief usually comes in the form of money damages to compensate someone for an injury. Equitable relief is typically appropriate when monetary relief would be inadequate. […]

Read More

Temporary Restraining Orders & Preliminary Injunctions

Perhaps the most commonly known forms of equitable relief are temporary restraining orders and preliminary injunctions. Both are designed to preserve the status quo pending the merits of a case. In Missouri, and most other jurisdictions, the primary purpose of a temporary restraining order is to preserve the status quo. Walker v. Hanke, 992 S.W.2d 925, […]

Read More

Permanent Injunction

Under Missouri law, temporary restraining orders typically last ten (10) days, but can be extended for additional 10 day increments See Rule 92.02(b). A preliminary injunction typically lasts for the duration of the underlying litigation. Permanent injunctions, as the name suggests, can last in perpetuity — but a trial court has broad discretionary power to shape and […]

Read More

TRO Damages, Wrongful Restraint, Bond

A temporary restraining order or injunction are equitable remedies which usually order an individual or entity to stop doing a particular activity. A common example, in the context of non-compete contracts, would be a court restraining order or injunction ordering a former employee from working with a competitor. Orders freezing assets are also common forms […]

Read More

Laches & Unclean Hands: Defenses to Equitable Claims

Legal damages are appropriate when an amount of money would be sufficient compensation for a wrong committed. Equitable remedies are appropriate when the Court order a person to do something or stop from doing something, such as with a temporary restraining order or injunction, because money is inadequate. While there are all sorts of defenses […]

Read More

Ex Parte Orders of Protection, Full Orders of Protection

Not to be confused with a temporary restraining order, an ex parte order of protection is a sort of emergency court order which prevents another person from abusing, harassing, or stalking you. The ex parte itself is not subject to much judicial scrutiny. Indeed, the usual procedure is that the Judge or clerk will grant […]

Read More

Restraining Orders, Injunctions, Ex Parte Orders of Protection

Generally, Courts have two different types of remedies they may award an aggrieved party: legal remedies or equitable remedies. The former is money damages. The latter is when the Court enters Orders or Decrees directing someone to either act or to forbear from acting (e.g., an injunction or restraining order); equity is often appropriate where […]

Read More