Most business disputes can wait for a courtroom. Some cannot. When money is moving out of an account, when a former partner is selling an asset you co-own, or when a competitor is walking out the door with your client list, the damage is happening right now and a judgment two years from now will not undo it.
That is what an injunction is for. It is a court order telling someone to stop, and in Florida it can be obtained in days.
The Law Offices of Aaron Resnick, P.A. has handled emergency business relief in Miami since 1998.
What you have to prove
Florida courts do not grant injunctions casually. You must establish four things:
- Irreparable harm. Damage that money cannot fix later. Lost goodwill, a dissipated asset, a disclosed trade secret.
- No adequate remedy at law. If a damages award would truly make you whole, you get damages, not an injunction.
- Substantial likelihood of success. You have to show the court you will probably win the underlying case.
- Public interest. The order cannot do more harm than good.
> The element that decides most cases is irreparable harm. "My partner owes me money" is almost never enough. "My partner is wiring company funds to an account I cannot reach" often is. The difference is whether the money still exists when the case ends.
Temporary restraining order versus temporary injunction
A TRO is the emergency stopgap. It is short, it can sometimes be obtained without notifying the other side, and it buys you time until a hearing.
A temporary injunction comes after a hearing where both sides appear, and it lasts through the case.
Getting a TRO without notice is possible in Florida but it is difficult. You have to show that giving notice would itself cause the harm, for example that telling the other side will simply prompt them to move the money faster. Courts scrutinize these closely, and one obtained on a thin record can be dissolved quickly.
You will have to post a bond
Florida requires the party seeking an injunction to post a bond covering the other side's damages if the injunction turns out to have been wrongly issued. Plan for it. The amount is set by the court and it is a real number, not a formality.
What to bring to an emergency hearing
These hearings move fast. Judges decide on the paper in front of them.
- Bank records or transaction history showing the movement of money
- The governing document: operating agreement, shareholder agreement, employment agreement, or contract
- Any written communications showing intent, including texts and email
- Proof of your ownership interest or contractual right
- A specific, narrow description of exactly what you want stopped
- A witness who can testify to the facts from personal knowledge
A request the court can grant in one sentence is far stronger than a sweeping one it has to redraft.
When a receiver makes more sense
Sometimes stopping conduct is not enough because the company itself needs someone neutral running it. A court can appoint a receiver to take control, preserve assets, and account for what has already happened. Receivership is an aggressive remedy and courts reserve it for real dysfunction, but in a deadlocked or looted company it is sometimes the only thing that works.
What if the injunction is aimed at you
Being on the receiving end of a TRO is not the end of the case. An order entered without notice, on an incomplete record, is frequently vulnerable. You can move to dissolve it, you can challenge the bond as inadequate, and you can force the other side to prove at a full hearing what they asserted in an affidavit.
Do not violate it while you fight it. Violating an injunction converts a civil dispute into a contempt problem and destroys your credibility with the judge who will decide the rest of your case.
Common questions
Can a court freeze my partner's personal bank account? Sometimes, but it is harder than freezing a company account. You generally need to trace company money into the personal account or establish a claim against the individual directly.
Can I freeze money before I win my lawsuit? Yes, in the right circumstances. This is one of the main reasons injunctive relief exists. The showing is demanding and the timing matters, because the argument gets weaker the longer you wait.
Can I get an injunction to stop a business sale? Yes, if you can show a right in the asset or a governing document that was violated. Speed is everything here. Once a sale closes to a third party, the remedy usually shrinks to damages.
How fast can this happen? A TRO can issue in days. A temporary injunction hearing typically follows within weeks.
Waiting is the mistake
Delay undercuts an emergency motion more than almost anything else. A judge will reasonably ask why the situation is an emergency now if you knew about it two months ago. If something is happening to your company today, the time to act is today.
Call the Law Offices of Aaron Resnick, P.A. to discuss emergency relief for your business.
