Motion for Temporary Restraining Order – Ohio Court
The plaintiff seeks a court order to restrain the defendant, along with the defendant’s agents, servants, employees, and others acting in concert with the defendant, from preventing the plaintiff from fully and freely enjoying the property specified in the form. The motion specifically requests the court to:
- Prevent the defendant from taking unauthorized actions under the Ohio Revised Code to force the plaintiff to leave the property.
- Issue the order without requiring the plaintiff to post a bond, as it would hinder the plaintiff’s ability to seek adequate redress. The plaintiff asserts that the defendant’s interests are sufficiently protected without a bond.
Claims and Support
- The plaintiff claims that without this order, they will suffer irreparable harm with no adequate legal remedy currently available.
- The issuance of the order is claimed not to cause undue inconvenience or loss to the defendant.
- Affidavits supporting the plaintiff’s claims are attached and incorporated into the motion.
Signatory
- Plaintiff’s signature and date are required at the bottom of the form.
This document is used in legal proceedings to request temporary protection from actions that may harm the plaintiff’s rights or interests related to the property in question.
Follow these steps to ensure the form is completed correctly:
Court Information
- Title: “Motion for Temporary Restraining Order” (already filled in).
- Court Name: Cleveland Municipal Court.
- Division: Housing Division.
- County: Cuyahoga County, Ohio.
- Judge’s Name: W. Moná Scott (already filled in).
Case Number
- Case Number: Write the case number assigned to your case in the blank space provided.
Parties Involved
- Plaintiff: Write your full name in the blank space designated for the plaintiff.
- Defendant: Write the full name of the defendant in the blank space provided.
Motion Details
- Paragraph 1
- After “continuing to prevent the plaintiff from exercising the full and free enjoyment of the property at,” write the address of the property you wish to protect.
- Paragraph 2
- This paragraph is standard and does not require any additional information. It requests the court to prevent the defendant from taking unauthorized actions under the Ohio Revised Code.
- Paragraph 3
- This paragraph explains the potential harm you will suffer if the order is not granted. It states that you have no adequate legal remedy available and that the issuance of the order will not cause undue inconvenience or loss to the defendant.
Affidavits
- Attach Affidavits: Attach any affidavits that support your claim. These affidavits should be notarized statements from yourself or witnesses that provide evidence to back up your request for a temporary restraining order.
Bond Requirement
- Paragraph 4
- This paragraph requests that the court issue the order without requiring you to post a bond. It argues that a bond would prevent you from seeking adequate redress and that the defendant’s interests are adequately protected without it.
Plaintiff’s Information
- Signature: Sign the form at the bottom where it says “Plaintiff.”
- Date: Write the date you are signing the form.
Review and Filing
- Review: Carefully review the entire form to ensure all the information is correct and complete.
- Filing: Submit the completed form to the Cleveland Municipal Court, Housing Division. Follow any specific instructions provided by the court for filing motions.
By following these steps, you can properly fill out the “Motion for Temporary Restraining Order” form and ensure all necessary information is provided to the court.