Can an injunction be granted before a person has a chance to prove that there is no basis in fact for issuing it?

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Can an injunction be granted before a person has a chance to prove that there is no basis in fact for issuing it?

I am an exterminator. I quit my job 2 months ago and started my own pest control company. I solicited my former employer’s customers. My former employer alleges that I signed a non-compete, that he sent me in the mail along with a cease and desist letter from his attorney. The non-compete that he sent me is a forgery (and not a very good one). I think that I could prove in court that the signature is not genuine. My former employer keeps saying that he is going to seek an injunction against me. Is it possible for him to to get an injunction against me before I would get a day in court?

Asked on May 31, 2011 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What your employer could do is apply for an temporary injunction - which is what happens when the paperwork for the injunction is submitted in to court - when he applies for the permanent injunction.  In other words, the person that asks the court for a permanent injunction asks the court for a temporary one to be put in place until the matter can be heard before the judge.  Once the order is written the court assigns a quick date for the hearing so that both sides can present their story and decide the issues.  Courts do not like to issues temporary restraining orders TRO's or injunctions unless there is a high degree of proof.  Your ex boss may submit the false non-compete which may do it.  You will need a lawyer here.  Good luck.


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