CIVIL LITIGATION IN LOS ANGELES/RESTRAINING ORDERS:
Law Offices of Acer Chiang can represent you in state or federal court. We assist clients in the San Gabriel Valley and the surrounding areas. Contact our office at (626)737-8648 today to speak with an attorney. We defend businesses in all industries, including aviation business defense. The attorneys at the Law Offices of Acer Chiang can assist you in legal matters involving:
• General torts litigation
• Business litigation
• Civil litigation defense
• Cross-border business litigation
• Residential real estate litigation
• Commercial real estate litigation
• Construction contract litigation
Temporary Restraining Orders:
A temporary restraining order (“TRO”) is an emergency (“ex parte”) court order prohibiting the defendant from taking some action.
An ex parte order is only granted when:
1. Irreparable harm or immediate danger will occur before a standard motion for injunction can be heard (minimum of 16 court days), and
2. The threatened harm outweighs the harm caused to the opposing party if the order is granted without notice.
A TRO is only granted when:
1. The moving party will probably eventually win the case, and
2. The relative interim harm to the moving party if the TRO is denied outweighs that to the opposing party if the TRO is granted.
The person asking for a TRO must present evidence establishing all of these factors, usually in a declaration under penalty of perjury, based on their own personal knowledge. When a TRO is granted, the judge also issues an “Order to Show Cause” (OSC), scheduling a followup hearing for a preliminary injunction, which can last until the case is resolved. The TRO only lasts until this hearing. You must file a lawsuit for the underlying problem or conflict before or at the same time as the TRO application. Warning: This is a complicated procedure with many steps, and you will be expected to follow all the same rules as a lawyer would. You will need to do extensive research and writing, go to court, and speak in front of the judge. If you cannot or prefer not to do these tasks, you should hire an attorney.
To speak to one of our civil litigation attorneys, contact our office at (626)737-8648 today to schedule a free initial consultation.