Injunctive Relief Requirements

When one thinks of civil litigation they often focus on the monetary aspect of a lawsuit.  This is often not the only relief sought in litigation. There is also injunctive relief. In New Hampshire there is a standard for granting injunctive relief, which requires that:

(1) he or she is likely to succeed on the merits;
(2) there is a present threat, based upon a lack of an adequate, alternative remedy at law, of irreparable harm to the petitioner of the court does not grant injunctive relief;
(3) the potential harm to the petitioner outweighs any harm to the party or parties who would be enjoined; and
(4) the public interest would be served by granting the injunction.

There are many reasons one would want to seek injunctive relief. If grounds permit, it is likely a preliminary injunctive would be granted. It is important to note, preliminary is temporary and would require the need for immediate relief to be granted.

Examples of some cases involving injunctive relief include foreclosure prevention, harassment, boundary, tree cutting disputes, and, voter ballot recounts (i.e., the 2000 Bush presidential election year controversy in Florida).

Fortunately, for our office, like the old phrase “beauty is in the eye of the beholder”, this holds similar to injunctive relief only that beholder is the Judge.  The Judge’s opinion is critical when requesting an injunction.  Moreover, the argument being presented must be precise and well delivered in order to be successful.  McGrath Law has been very successful in obtaining an injunction, even with no rabbit to pull out of a hat!

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The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.