When a client faces a true emergency, and when there can be no doubt that irreparable injury to a client’s life or to her company (beyond loss of money) will result without the intervention of the courts, our litigation attorneys are willing and able to help.
PRELIMINARY INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS
When you obtain a preliminary injunction or a temporary restraining order, you receive, in effect, an order for protection of the status quo. Such a protective order is enforceable through the court’s powers of contempt. Courts typically have broad powers of contempt, which can include financial sanctions, attorney fees, and – in extreme cases – confinement (incarceration or imprisonment for a limited period of time). In other words, with the help of a capable and dedicated attorney, once you receive a protective restraining order, your opponent will not have the choice to violate it.
STEPS TO OBTAINING A RESTRAINING ORDER:
The first line of emergency relief is a motion to obtain a restraining order (usually a temporary restraining order). A restraining order is a court order restraining a certain activity until some later time in the future (typically, about 2 weeks).
After which a restraining order must be changed by motion to a preliminary injunction, which has the same effect but lasts until the close of the case. When you obtain a preliminary injunction or a temporary restraining order, you receive, in effect, an order for protection of the status quo.
With the help of a capable and dedicated attorney, once you receive a protective restraining order, your opponent will not have the choice to violate it.
In a business case, the factual standards of proof for obtaining injunctive relief are high. Typically, courts are reluctant to restrain the behavior of parties, and you must show proof of actual current conduct – such as the illegal liquidation of a unique and irreplaceable corporate asset (such as land). Even a strong probability of threatened misconduct will usually not suffice. However, if there is a real risk that your opponent’s conduct will render judgment ineffectual, it may often be worthwhile to pursue a temporary restraining order or preliminary injunction.
Business Litigation Attorney
- 100% Satisfaction with Communication Eric helped represent me with a very large lawsuit that was brought against me. 100% satisfaction with communication. It was timely; it was appropriate; it was insightful, thoughtful. From beginning to end, it was very clear that my legal counsel, Eric Helmy was by far the better warrior, so to speak, the intellectually, strategically, and we clearly outthought the opposition from beginning to end, and I don’t think they knew what hit them. The opposition didn’t have any choice but to really retreat and drop the suit, so I was very satisfied.Aloysius Fobia, M.D. Physician in Portland, Oregon
- He'll Respond to Me When I Need Him. …I believe my law case never would have got off the ground without Eric’s attention to what was happening to me. I’m an excavator, in the tough times that have come along, there’s been several instances where the big developers think they’re not going to pay me, and I feel like they’re trying to [take advantage of] me. I can call Eric,…and he’ll come down and go sit in a meeting with me and all these big developers are writing checks before we’re getting up and leaving. …It’s nice to know that I have him on retainer, and he’ll respond for me when I need him. That’s the personal service you’ll get with him…Brad Bartlett Bartlett Excavation & Construction, LLC
- We Left With Important Information and a Plan Our first meeting with Eric was very helpful. We left with important information and a plan, and now we have our own corporation! Eric was invaluable in the writing of our bylaws and in advising our business setup. He also had great insights into owning a business in the Northwest. Having him on our company’s side makes us feel ready for the legal hurdles we will face as our business grows.Jaclyn Stewart CEO of Jurevicious Studios
- We are Very Pleased …We’ve worked with Eric on two different contract matters and [have] been very, very pleased with his advice and all the support he’s provided to members of our organization…We were really, really pleased with the quality of work Eric delivered, all the due diligence he performed, the advice he gave to the members of our staff…We would certainly recommend Eric, and we would hope to work with him again.Alice Forbes