Injunction & Asset Protection Attorneys in Troy, MI

What Is an Injunction?

An injunction is a court order that prohibits a person or business from taking specific actions while a legal dispute is ongoing, such as selling property, transferring money, or destroying records. Our attorneys act decisively to secure these emergency mandates and preserve your hard-earned assets while the core conflict is resolved. 

Types of Injunctions in Michigan

Temporary Restraining Order (TRO)

A TRO is an emergency court directive that prevents irreversible financial harm before a full hearing can occur. They are often issued ex parte (without the other party present) and typically last for a maximum of 14 days before a hearing is required. We can work rapidly to file the affidavits and present supporting documentation that explains the urgency, the nature of the harm, and why temporary relief is needed.

Preliminary Injunction

A preliminary injunction is granted after a formal hearing where both parties present their initial arguments. It remains in place throughout the pending lawsuit to preserve the status quo and prevent ongoing damage while the dispute is being resolved. Securing this injunction allows us to freeze contested property, suspend rogue fiduciaries, and keep your assets safe while we prepare your case for trial. We can diligently advocate for you during hearings while building a compelling case for trial. 

Permanent Injunction

A permanent injunction is issued as part of a final court judgment after a case is decided. It provides lasting legal relief by permanently requiring a party to stop or take specific actions, such as ceasing management of a family trust or fulfilling a mandated legal obligation. Whether we are fighting to permanently ban an abusive fiduciary or demanding the return of misappropriated inheritance funds, we pursue these final decrees to deliver enduring security for your estate.

Probate Protective Orders 

The Michigan Estates and Protected Individuals Code (EPIC) allows probate courts to issue specialized protective orders that shield a vulnerable adult’s property. They act as a vital legal mechanism to protect assets without requiring the costly process of establishing a full conservatorship. We utilize these targeted interventions to restrict access to the vulnerable person’s finances and legally block predatory caretakers or deceitful relatives from draining their life savings.

How Do Courts Determine if an Injunction Is Justified? 

In Michigan, courts treat injunctions as an extraordinary form of relief, meaning they are granted only when there is evidence that waiting for a normal trial process may lead to meaningful or irreversible harm. Below are some key factors that courts consider:

• Irreparable harm. Courts evaluate whether the requesting party is likely to suffer harm that cannot be adequately resolved later, such as situations involving hidden assets, ongoing financial misconduct, or destruction of property.
• Likelihood of success on the merits. The court assesses whether the claim appears strong enough based on the evidence. We can gather financial records and witness statements to demonstrate strong legal merit from the outset.
• Balance of harms. An injunction is more likely when the harm to the requesting party outweighs the burden placed on the other party. The court weighs the potential harm to both sides to determine if intervention is fair and necessary. 
• Public interest. In some cases, the court considers whether granting or denying the injunction aligns with broader public policy considerations, particularly in fraud prevention or fiduciary misconduct matters. 
• Specificity of the request. Injunctions must clearly describe what conduct should be stopped or required. Overly broad or vague requests are less likely to be granted. We draft highly detailed documents that precisely define the scope of the requested order.

Defending Fiduciaries: Fighting Unjustified Asset Freezes & Appeals of Judgments or Orders

Disgruntled beneficiaries often weaponize emergency orders to disrupt legitimate duties or force an unfair settlement. As a trustee or executor, facing an unfounded injunction that freezes estate assets can completely stall your ability to properly administer the estate.

We vigorously defend fiduciaries against baseless accusations and unjustified asset freezes so they can resume their legal responsibilities. If a lower court issued an unfavorable or overly restrictive ruling against you, we can help you navigate appeals of judgments or orders to fight the decision.

How Do I Protect a Dependent’s Assets from Being Squandered by a Caretaker?

Discovering that a caretaker is mismanaging or outright stealing from a vulnerable dependent requires immediate legal intervention. Our attorneys can petition the court for an emergency injunction to instantly freeze the compromised accounts and cut off the bad actor’s access before more financial damage occurs. 

Once the threat is neutralized and the assets are secured, we help families and caregivers establish robust, long-term legal safeguards. By utilizing minor trusts or special needs planning, we can transition the recovered funds under the strict oversight of a reliable trustee to shield the wealth from future exploitation.