Temporary Restraining Orders In Business Disputes in Oklahoma are possible but involves certain legal considerations. There are times in business when you may need to take urgent action to protect your business. This can include its valuable assets and properties, and its reputation from harm. If a competitor or a former business partner is doing something that directly threatens your business interests, you may need court intervention to protect your business and its critical concerns. One way to protect your interest is asking for restraining orders In business disputes. This involves a court ruling that someone must stop doing what they are threatening to do. It may also stop them from doing what they are already doing.
Temporary Restraining Orders Don’t Just Happen
There are some important considerations to keep in mind in getting a TRO in Oklahoma business litigation. You will need to be prepared to go to court. This requires filing a separate pleading asking for emergency relief. The pleading must include evidence of what is happening, why it violates the law. It must plead an immediate and lasting harm to your business, and what needs to change to protect your interests. It should also assert your expectation of winning the litigation hands down. Another name for the process is called injunctive relief, and it usually can be granted when trade secrets are being stolen, a non-compete or non-disclosure agreement is being violated. Its also appropriate when a partner is misusing or damaging company property, or your company’s intellectual property is being wrongfully used. Its also common when a business is winding down or dissolving do to on going partnership disputes.
Legal Grounds For A Temporary Restraining Order
Oklahoma law may allow you to obtain a TRO in court if you can show that you have legal grounds for seeking the order. Generally, this means that you must demonstrate that there is a significant threat of irreparable harm if the TRO is not granted.
in seeking a TRO, you must usually prove to the court that:
- Your business is entitled to the relief requested
- You are likely to win the suit
- The harm to your business is imminent
- If the harm alleged occurs, your business would be irreparably injured
- You have no other remedy available to avoid the harm
Timing Is Everything
Since TROs are typically granted on an emergency basis, the timing of the matter is critical. You should file for a TRO as soon as possible after the incident that gives rise to the need for the TRO. As mentioned above, this requires drafting a petition. The petition must plead the emergency basis and it must include an order setting hearing. At the hearing be prepared to make a spirited argument. The argument should focus on the irreparable harm being faced by you or the business.
Evidence is Crucial To Success
You will need to present evidence to support your request for a TRO. This may include witness statements, photographs, or other documents. You will need to show to the judge what is happening with the threatened action that someone is considering, or has started doing, and why it is a direct threat to the crucial interests of your business.
Notice And Opportunity to Be Heard
In most cases, you will need to provide notice per the Oklahoma statues to the other party before seeking a TRO. However, if you can demonstrate that providing notice would defeat the purpose of the TRO, you may be able to obtain the order without notice.
Duration of The Temporary Restraining Order
Because TROs are temporary by nature, as the name implies, they typically only last for a short time. You will need to follow up with a hearing on a preliminary injunction if you wish to extend the duration of the order. This can involve a full trial where you show to the court that the harm your business is suffering will continue if not stopped completely.
Violating a TRO can have serious consequences, including fines, imprisonment, and other penalties for the person or company who violates its terms. You should make sure that you understand the terms of the TRO and comply with them fully.
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Tulsa Okla. Business Lawyers In Your Corner
Obtaining restraining orders In business disputes is a nuanced legal proceeding. a TRO in Oklahoma business litigation can be a complex process. If you are involved in a business dispute put our Tulsa business law attorneys in your corner. The experienced attorneys at Kania Law Office can provide you the legal advantage required to win your case. Call 918-743-2233 or contact us online for more information and to schedule a consultation.