“How to file an injunction without a lawyer?” and “do I need a lawyer to file an injunction?” are two of the most common questions we always encounter every now and then. If you are one of the people who are facing a serious issue which makes you think injunction is the only solution to that, you have come to the right place as here, we are going to bring awareness as to what injunction really is and bring your a list of the step-by-step on how to properly file an injunction.
What is an injunction and can I file it on my own?
First and foremost, let’s talk about what an injuction is to find out whether or not it is the correct solution to your problem. You may have heard the definition of injunction but just like any average people who have zero knowledge on legal matters, sometimes you are not sure as to whether or not it is applicable to the issue at hand. To clear the confusion, injunction is, according to the Layman’s term, an order that is issued by the court to force an individual, government entity or a corporation to do what the plaintiff is asking them to. The order is either to do something or stop doing something, depending on the aforementioned request made by the plaintif in question.
When making the decision to file a lawsuit, the plaintiff must adequately specify which type of legal relief (often also referred to as legal remedy) that they are requesting the court of law to grant them. In majority of cases, plaintiffs file a lawsuit in order to seek money compensation for any injury or damage that the defendant has done in the past; however in other cases, instead of seeking a compensation, plaintiffs file for either an injunction to stop the defendant to cease the repeated or ongoing violation of the plaintiff’s rights in order to prevent further harm or damage.
How to properly file an injunction against someone
Those who file for injunction often do so because compensation often isn’t enough to deter the defendant from violating their rights. While you can file an injunction on your own, you’re advised to first consult with an attorney. The following is the step-by-step on how to properly file an injunction:
- The first step: drafting
Drafting a petition or a complaint is the first and most important step you should take after making the decision to file an injunction against someone. This is comparable to filing a lawsuit, and in this step you must properly and adequately address the complaints that the other party has allegedly done to you over a period of time. To do this, you must go to the court’s library and get a form with the required template.
- The second step: filing
Once you have filled and attached all the required documents, and drafted your complaints, the next step is to draft a motion for either Permanent or Temporary Injunction along with the required Memorandum in Support of the Motion. In the latter, you must specify, list and thouroughly explain as to why you are entitled to the injunction. Show proof that support the “no monetary relief can stop the ongoing violation and cease the potential of irreparable harm should injunction is not given” statement is the last step on this how to file an injunction without a lawyer.