Injunction versus Restraining Order

[Endofdays]

What is the name of your state? Ohio

I need to immediately prevent a party/groups of parties from harassing me. They are violating my rights in ways that feel like murder, which prevents me from being able to function. I need immediate relief, and don't have the time to labor on my 100 page legal complaint.

I need to know what I should get: (1) a restraining order, or (2) and injunction?

I hear that preliminary injunctions need to be submitted with a full complaint? I don't have time for this. I need something immediate.

I have a ton of evidence of harassing conduct, that should 'prove' my allegations, and secure the court order. I want to pretty much just write down a few general statements of my allegations with some detail to the factual matter, then plop my evidence down (a boatload of computer files on a USB disk), and say we'll sift through it with the defendants, myself and the judge, and show them why the court order needs to be in place.

Again, I need something immediate. What type of injunction can bring me swift releif? Or should I just go with a restraining order?

 

[not2cleverRed]

Your abusive posts has been reported.

Legal advice: learn legal terms and stick to legal terms and boring provable facts. For example, "violating my rights in ways that feel like murder" is hyperbole. "You uttered 50 million calumnies at me" is again hyperbole. Hopefully in legal communications you stick to direct provable facts, no hyperbole.

I have a ton of evidence of harassing conduct, that should 'prove' my allegations, and secure the court order. I want to pretty much just write down a few general statements of my allegations with some detail to the factual matter, then plop my evidence down (a boatload of computer files on a USB disk), and say we'll sift through it with the defendants, myself and the judge, and show them why the court order needs to be in place.

This is simply not going to happen. No judge is going to sit down with you and "sift through" your "evidence". The "evidence" is in quotes, because there are certain rules that have to be followed in admitting evidence. If those rules aren't followed, then those "facts" won't be considered.

Judges want to see you cut to the chase and not waste their time with every bit of stuff you can think of.

Pay a lawyer to go through your load of stuff and boil it down to whatever is the best, if any, case. You seem to lack the tools to do this yourself. And anyone who helps you should get paid a premium.

 

[Ohiogal]

https://forum.freeadvice.com/threads/can-police-authorize-informants-to-sleep-with-a-suspect-and-try-to-entrap-them-on-sex-crimes-within-real-sex-encounters.647271/#post-3549269
https://forum.freeadvice.com/threads/can-police-use-informants-to-try-and-entrap-you-on-sex-crimes-within-real-sex-encounters.647266/

 

[Taxing Matters]

What is the name of your state? Ohio

I need to immediately prevent a party/groups of parties from harassing me. They are violating my rights in ways that feel like murder, which prevents me from being able to function. I need immediate relief, and don't have the time to labor on my 100 page legal complaint.

Murder would result in your death. Whatever harassment you think you are experiencing, it is certainly not akin to murder, and over-stating what is happening to you is a very fast way to turn off a judge if you do that in your complaint.

I need to know what I should get: (1) a restraining order, or (2) and injunction?

A restraining order is a type of injunction. What you ask for depends on the details of what is happening to you and the exact type of relief you seek. But understand that if you seek either a preliminary injunction or temporary restraining order you still have to file a complaint that specifies what is happening to you and lays out the legal argument for why the court ought to grant you that order. You cannot simply go to the court and say “I want you to issue a temporary restraining order or preliminary injunction against ________” and expect to get it.

In Ohio in some circumstances a temporary restraining order may be granted by the court without you first giving notice to the other party; however, that may only occur “if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons supporting his claim that notice should not be required.” Ohio Civ. R. 65A (underlining added). So you will have to serve the other side and give them the chance to answer unless you can point to specific facts which will show that the person will do you some immediate irreparable injury, loss, or damage between now and when you can serve the other side and have the other side respond.

I hear that preliminary injunctions need to be submitted with a full complaint? I don't have time for this. I need something immediate.

Sorry, but if you want it, you'll have to make the time to draft a complaint and file it. You don't get a short cut around the requirement to file a complaint just because you want it fast.

I want to pretty much just write down a few general statements of my allegations with some detail to the factual matter, then plop my evidence down (a boatload of computer files on a USB disk), and say we'll sift through it with the defendants, myself and the judge, and show them why the court order needs to be in place.

That’s not how it works. You need to draft a complaint that sets out the allegations of the harassing conduct and then makes the legal argument that supports your claim to the relief you are asking for. If you want to have a shot at getting it right, I strongly recommend you get a lawyer to assist you. People doing this stuff pro se often have no idea what they are doing and make a right mess of it, and that then causes them to get the request denied, even if they might have had a situation where the relief was warranted.

And if the harassment about which you are complaining is from comments you received from people on this site, I can tell you right now the court won’t grant your request for preliminary injunction or temporary restraining order because you won’t meet the criteria for it. You’ll simply end up wasting your time, and might even draw sanctions from the court for filing a frivolous complaint.

 

[quincy]

Taxing Matters, while your heart might be in the right place, this poster has a history on this forum that cannot (nor should it) be ignored.