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Include the following notice if a minor is named in the caption or if the application contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Application to Enjoin Further Proceedings in Subsequent Suit
This application is brought by [name of petitioner], Applicant, Petitioner in this case. In support, Petitioner shows:
1.Petitioner’s Original Petition for Divorce was filed on [date]. Respondent, [name of respondent], was served with process on [date]. This Court has jurisdiction of this case and the person of Respondent.
2.On [date], as reflected in the attached pleading marked Exhibit [exhibit number/letter], Respondent instituted an action in [county, state, or nation] involving essentially the same cause of action, parties, and issues as are before this Court.
3.Allowing Respondent to proceed with [his/her] action in [county, state, or nation] will result in a multiplicity of suits and lead to inconsistent results. Respondent’s action in instituting the action in [county, state, or nation] is clearly an attempt to evade and frustrate the jurisdiction of this Court. Petitioner will suffer irreparable harm, damage, and injury, for which Petitioner has no adequate remedy at law, unless Respondent is enjoined from proceeding with [his/her] action in [county, state, or nation].
4.Petitioner requests that the Court dispense with the necessity of a bond and that Respondent be temporarily restrained immediately without hearing and, after notice and hearing, be temporarily enjoined, pending further order of this Court, from:
a.Proceeding further with Respondent’s action in [describe court and cause number], including, but not limited to, attempting or proceeding to obtain temporary or permanent orders in [county, state, or nation] concerning the marriage relationship of the parties, the dissolution of that relationship, [include if applicable: the custody and support of the child[ren] of the parties,] spousal support, or any other order normally issued incident to a divorce proceeding or other proceeding involving the marital [include if applicable: or parent-child] relationship.
b.Instituting any other action in [county, state, or nation] or in any other county, state, or nation attempting to obtain temporary or permanent orders concerning the marriage relationship of the parties, the dissolution of that relationship, [include if applicable: the custody and support of the child[ren] of the parties,] spousal support, or any other order normally issued incident to a divorce proceeding or other proceeding involving the marital [include if applicable: or parent-child] relationship.
5.Petitioner further requests that on final hearing the temporary injunction requested above be made into a permanent injunction.
Petitioner prays that the Court grant a temporary restraining order restraining Respondent from the acts set forth in this application and that, after notice and hearing, the Court make the temporary restraining order a temporary injunction. Petitioner further prays that on final hearing the Court make the temporary injunction a permanent injunction.
Petitioner prays for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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For certificate of service, see form 21-11. |
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For language for inclusion in temporary injunction, see form 4-3. |