When You Need The Court's Help FAST: A Practical Playbook
- Shannon Davis
- Sep 22
- 3 min read
Sometimes you can’t wait months for a lawsuit to wind through court. If a move by a competitor, vendor, landlord, ex-employee, or agency could cripple your business next week, you may need emergency relief—a court order that freezes the situation while the dispute gets sorted out.
Quick translation: what is “emergency relief”?
Temporary Restraining Order (TRO): Short-term order (often days) that stops the other side from taking a harmful action right now.
Preliminary Injunction (PI): Longer order that keeps things steady while the case proceeds.
Courts grant these when you show two things in plain terms:
You’re likely right on the law and
The harm can’t be fixed later with money (lost customers, loss of trade secrets, permanent reputation damage, shutdown risk).
“Is this me?” — Common scenarios
Platform cutoff: Your payment processor/marketplace suspends your account before a big sales weekend.
Vendor squeeze: An exclusive supplier threatens to stop shipping despite a current contract.
Ex-employee threat: A key person on your team walks away with your customer list and starts soliciting.
Landlord lockout: Locks are changed on your showroom or clinic without proper notice.
Domain/IT control: A former contractor hijacks your domain or admin console.
Defamation hit: A competitor posts false claims that trigger mass cancellations.
Regulatory stop-order: You receive a sudden cease-and-desist that would halt operations.
If any of these would cause immediate, lasting damage (lost goodwill, data, or market position), talk to counsel about a TRO/PI.
First 72 Hours: What to actually do
Define the ask (1 sentence). “Judge, we need an order that forces Supplier X to keep shipping under the current contract for 30 days while this dispute is heard.”
Assemble fast evidence (same day).
The contract or policy at issue
Emails/texts showing the sudden threat or cutoff
Metrics: daily revenue, cancellation rate, traffic, open orders
A short sworn statement (declaration) from you or the operations lead explaining the harm if the cutoff continues
Stop the bleeding (lawful, internal).
Lock accounts, rotate credentials, suspend ex-user access
Issue a litigation hold: no deleting emails, chats, files
Service-of-process hygiene (don’t skip). Service can be valid even if you didn’t personally touch the papers—via a family member, front-desk staff, or your registered agent. Never assume “we weren’t served.” Ask your lawyer to confirm service channels for your company and the other side.
One voice only. No back-channel calls or “just clearing things up” texts. Route all communication through counsel. Screenshots live forever.
Do’s and Don’ts for Everyday Entrepreneurs
Do
Do get your documents clean and chronological. Contracts, statements, key emails, screenshots, and a 1-page timeline.
Do tie harm to numbers. “We’ll lose 42% of MRR within 10 days” is better than “this will hurt us.”
Do propose a practical middle ground. Courts like status-quo solutions (temporary shipping, escrow, read-only access, etc.).
Don’t
Don’t assume it’s an easy win. Expect defenses (contract clauses, policies, consent forms) and be ready to address them.
Don’t talk to the other party directly. No calls, DMs, or “friendly” texts—let counsel handle it.
Don’t gamble with service or deadlines. If papers arrive via your registered agent, receptionist, or even a family member, act as if you’re served until counsel says otherwise.
Mini-maps: how this plays out
Ex-employee + customer list: Ask: TRO barring solicitation of named accounts for 30–60 days; return of devices/data; forensic image of laptop. Evidence: Signed agreement, CRM export showing assignments, email proving pre-resignation downloads.
Vendor cutoff: Ask: TRO requiring continued shipments under current PO terms; bond/escrow if needed. Evidence: Contract auto-renew clause, on-time payments, forecast showing lost orders if shipments stop.
Landlord lockout: Ask: Immediate access restoration; no interference with customers/patients; secure inventory. Evidence: Lease, payment receipts, photos of lock change, appointment schedule.
Domain/admin hijack: Ask: Immediate restoration of domain/admin rights; preservation of logs. Evidence: Registration records, SOW/MSA, access logs, invoices proving ownership.
Owner’s Checklist
Define the exact order you need (in 1–2 sentences).
Draft a timeline with exhibits labeled (A, B, C…).
Prepare a declaration from the person with firsthand knowledge.
Pull metrics (MRR, ARR, order backlog, booked appointments).
Implement a litigation hold across email, chat, cloud drives, devices.
Confirm service (you and them): registered agent, addresses, officers.
Approve a single outward statement (clients/vendors) that’s factual and consistent with court filings.
Bottom line
Injunctions aren’t just for Big Tech. They’re a practical tool for any business when a sudden move could cause permanent damage. Act fast, keep the ask simple, back it with clean evidence, and let your lawyer run the communications.
Need an emergency plan tailored to your situation? Call 404-446-2932 or schedule a consultation at www.davistrialattorneys.com/consults.

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