PHAM & CLOVES, PLLC

In most lawsuits, the Plaintiff seeks monetary damages. However, there are some instances where a party seeks a remedy unassociated (at least in most part) with money damages. Sometimes, a party will seek specific performance (making the other party perform the bargained for task). A specific performance remedy is oftentimes associated with a real estate purchase wherein a party sues to force the other party to either buy or sell the property in issue as agreed.

When a party desires to limit the behavior of another party, the proper remedy is injunctive relief. For example, if a party undertakes a course of action that is likely to result in damages to another, say putting up a fence that is likely in the wrong place or pouring a driveway over the property line, the party who stands to be damaged can petition a court to issue an injunction enjoining the other party from completing the act. In the hypothetical case just mentioned, the aggrieved party will move the court to issue a temporary restraining order (TRO) that will prevent the other party from legally carrying out the act. The TRO is only effective for 14 days or longer if agreed to by the parties or extended by the court for just cause.

A TRO can be had either with the petitioning party alone asking the court for it, or by a hearing where both parties appear and argue the merits of their respective side. Once a court grants a TRO, a hearing date and time is set for the injunctive hearing. At the injunctive hearing, both sides argue for their respective positions and the court rules on the merits of the arguments.

If you believe that your particular situation warrants injunctive relief, it is best to consult an injunctive relief attorney to discuss the merits of your case. As you may imagine, injunctive relief is not automatic and is fact specific. There are several hurdles to jump in getting a court to sign off on a TRO and the law is very clear in respect to the minimum requirements of a TRO. Accordingly, if a TRO is what you need, consult a Houston Veritas Legal Group injunction attorney to discuss your case. You may reach a Veritas Legal Group Attorney at 832-484-9015 to schedule a confidential consultation.