Temporary Injunctions

If you are in the middle of litigation, you may find yourself on the receiving end of a temporary injunction. It is important to understand what a temporary injunction is, the specifics necessary to file a correct injunction, and how it might affect you. The Texarkana Court of Appeals dealt with the injunctive relief in STRUBE v. SHELBY.

An injunctive relief is a court ordered command demanding that specific parties in a litigation leave the property at the center of the litigation alone and untouched. The court usually orders this when the litigation involves something like a car or a house that might be taken and damaged by a party in the litigation. The party asking for an injunctive relief must prove three things: 1) that there is a cause of action against the defendant; 2) that the party seeking the injunction has a right to the property in question; and 3) that the objects in question are in danger of “probable, imminent, and irreparable injury.” In the Strube case, Mrs. Shelby claimed that Mr. Strube stole vehicles and equipment from property owned by Mrs. Strube. Mrs. Strube wanted the injunction to protect all of the property located on her property.

In Texas, Civil Procedure Rule 683 provides all of the requirements for an injunction. First, the order must describe all of the reasons for the order (ex: how the property might be damaged if left without protection). The injunction must describe the acts or property that the order intends to prevent as well as who the order is seeking to prevent from acting. Finally, the injunction must “include an order setting the cause for trial on the merits with respect to the ultimate relief sought.” This requirement means anyone seeking a temporary injunction must provide evidence showing the need for the injunction. Basically, this means the party must have proof that the opposing party has or intends to harm the property at the center of the litigation. In the Strube case, Mrs. Shelby failed to provide any evidence showing the need for the injunction. Any injunction that fails to meet all statutory requirements of Texas law is always invalid under Texas law. Because Mrs. Shelby did not meet all Texas requirements when she filed for her injunction, the court had no choice but to invalidate her injunction and rule in favor of Mr. Strube.

If you have an issue with a temporary or permanent injunction, call Guest and Gray Law Firm’s defense team today. Guest and Gray Law Firm is a full service civil and criminal defense law firm serving the entire DFW Metroplex including Dallas, Kaufman, Rockwall and surrounding counties. Our main office is in Forney, Texas where we have served the community since 1967. We also have office locations in Rockwall and Plano, Texas. Our team of lawyers is ready to help with any concern you might have involving an injunction.