Louisiana Code of Civil Procedure 3601 – Injunction, grounds for issuance; preliminary injunction; temporary restraining order
Terms Used In Louisiana Code of Civil Procedure 3601
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.
B. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.
C. During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter.
D. Except as otherwise provided by law, an application for injunctive relief shall be by petition.
E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from:
(1) The isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Article 4566 (J) or Civil Code Article 2995.
(2) A person being denied the use or enjoyment of immovable property in which the person has an ownership, possessory, or lease interest by a person who does not have a legal interest in the property.
F.(1) Notwithstanding the provisions of Article 3610, security shall not be required for a temporary restraining order or preliminary injunction seeking removal of a person from immovable property in which the person does not have a legal interest.
(2) Nothing in this Section shall prohibit a petitioner from pursuing any other remedy provided by law.
Amended by Acts 1969, No. 34, §2; Acts 2004, No. 765, §1, eff. July 6, 2004; Acts 2016, No. 110, §2, eff. May 19, 2016; Acts 2024, No. 652, §2.