Code of the District of Columbia

§ 42–3104. 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.

(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.)

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”.

Emergency Legislation

For temporary addition of chapter, see notes to § 42-3101.

Temporary Legislation

See Historical and Statutory Notes following § 42-3101.