Expert: Robin Sexton - 9/24/2009

Question
how can a person with no atty get an injuction to stop a search (administraitve) warrant? which department in the courthouse does someone go to get the paperwork for the injuction? is it criminal or civil dept of court clerks? this pertains to city code enforcement trying to search my home (that i rent) under city ordinance periodic inspection program, not for complaint or probable cause.

Answer
Travis,

An injunction would have to be filed in a trial court of that jurisdiction.   There is no form that is filed instead it is a written motion that is submitted to the appropriate court pleading for an injunction.  The next step the administrative authority would then contest the injunction, the court would then rule. At this stage it is a civil procedure.  Understand that if the court rules against you if you still refuse to comply you can be arrested for contempt and then law enforcement steps in.  You will need an argument based in law to get the injunction.  I will tell you that if i was in a similar situation i would seek legal assistance.  With over 30 years experience i would not undertake trying not file an injunction.

Sorry i could not be more helpful

robin