Can someone explain in detail how injunction process works? The person I want to file an injunction against lives in North Dakota, I live in Pennsylvania. How much will it cost me? What's the first step I should take?
Lawsuit / Dispute Attorney
As you may know, an injunction is an order of the Court restraining a person from performing some act. In order to enjoin someone, the Court must first have jurisdiction over that person. Pennsylvania, like most states, has a long arm statute which outlines those circumstances when the Court can maintain personal jurisdiction over a resident of another state. Typically, grounds for jurisdiction include: doing business in Pennsylvania, causing harm to somebody in Pennsylvania, or having property in Pennsylvania. The full list of acts that subject a person to personal jurisdiction of Pennsylvania Courts is found in the link below. If you wish to file an injunction you should contact the clerk of the Court and ask them if there is a form and what the price might be.
Long Arm Statute: www.lrcvaw.org/laws/palongarm.pdf
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving New Jersey & Pennsylvania
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Media, Pennsylvania 19063 (Philadelphia Area)
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If you hire a lawyer it should cost around $1,5000-$2,500 depending on the complexity, documents involved and service issues? As noted by other counsel PA does have a long arm statute, and so if you can make the connection, you can file in PA and serve the person properly in ND. If they are using emails to threaten or harass, that may be enough for you to get them into court in PA. If this is a personal order of protection you need for domestic violence or such, there are very organizations that will assist you with the injunction and other support.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
Contracts / Agreements Lawyer
My colleagues have provided you with the procedural details and I agree with their input. An injunction is a remedy provided by courts when monetary damages are considered inadequate to compensate the injured party, or when there is specific statutory support for issuance of injunctive relief. You have to commence a lawsuit and file papers specifically showing that you are entitled to such a court order. In a domestic abuse situation, there are organizations that can assist you with this kind of filing right in Lancaster County. In that situation, you are asking the court to issue a PFA, or Protection from Abuse order. In a business or commercial dispute, you would generally have to prove that money damages are inadequate compensation. You should hire counsel to ensure that you get proper service of the papers you file on the person in ND. Without proper service, you have nothing. Good Luck.