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….
Legal Articles
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,…
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…
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…
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…
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…
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…