Section 42-3104 - Preliminary injunction

Preliminary injunction

(a) Upon the filing of a complaint to abate the drug-, firearm-, or prostitution-related nuisance, the court shall hold a hearing on the motion for a preliminary injunction, within 10 business days of the filing of such action. If it appears, by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove at trial that a drug-, firearm-, or prostitution-related nuisance exists, the court may enter an order preliminarily enjoining the drug-, firearm-, or prostitution-related nuisance and granting such other relief as the court may deem appropriate, including those remedies provided in § 42-3110. A plaintiff need not prove irreparable harm to obtain a preliminary injunction. Where appropriate, the court may order a trial of the action on the merits to be advanced and consolidated with the hearing on the motion for preliminary injunction.

(b) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order, or other equitable relief otherwise provided by law.

CREDIT(S)

(Mar. 26, 1999, D.C. Law 12-194, § 5, 45 DCR 7982; Apr. 4, 2006, D.C. Law 16-81, § 3(b), 53 DCR 1050; Nov. 6, 2010, D.C. Law 18-259, § 7(b), 57 DCR 5591.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 45-3304.
Effect of Amendments
D.C. Law 16-81 substituted “drug or prostitution-related” for “drug-related”.
D.C. Law 18-259 substituted “drug-, firearm-, or prostitution-related” for “drug or prostitution-related”.
Temporary Addition of Section
See Historical and Statutory Notes following § 42-3101.
Emergency Act Amendments
For temporary addition of chapter, see notes to § 42-3101.
Legislative History of Laws
For legislative history of D.C. Law 12-194, see Historical and Statutory Notes following § 42-3101.
For Law 16-81, see notes following § 42-3101.
For history of Law 18-259, see notes under § 42-3101.

Current through September 13, 2012