What Constitutes a Temporary Restraining Order in Minnesota?
A temporary restraining order can be used to prevent contact with a person or party. It is usually an order from the court that requires a party or individual to refrain from doing a particular act. The Temporary Restraining Order Bond that can be required in this process guarantees that the other party will be paid damages as a result of the restraining order being improper. A good example of a Temporary Restraining Order form is as follows:
A company hires Joe to actively service their client list. Joe signs a non-compete clause as part of the condition to be hired. Joe then quits the company and begins to solicit the company’s client list. The company is within their rights to enforce a Temporary Restraining Order preventing Joe from soliciting their clients until the non-compete clause has been fully executed.
In considering a temporary restraining order the court must balance the effect of the harm to the Plaintiff in withholding an injunction with the effect on the Defendant in granting the injunction.
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