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§ 1382.Cause For Injunction - Temporary Injunction

Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1382 lists the grounds for a temporary injunction in Oklahoma: relief sought in the petition that includes restraining an ongoing or threatened act causing injury during litigation, a defendant's threatened disposal of property to defraud creditors, or any injunction specially authorized by another statute.

Full Text of § 1382

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When it appears, by the petition, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And when, during the pendency of an action, it shall appear, by affidavit, that the defendant threatens or is about to remove or dispose of his property with intent to defraud his creditors, or to render the judgment ineffectual, a temporary injunction may be granted to restrain such removal or disposition. It may, also, be granted in any case where it is specially authorized by statute.

Amendment History

R.L. 1910, § 4867.

Plain-English Summary

This section spells out when a court may step in early with a temporary injunction, before the case reaches judgment. The first ground looks at the petition itself: if the plaintiff is entitled to relief that includes stopping the defendant from committing or continuing some act, and that act would injure the plaintiff while the case is pending, a temporary injunction can restrain it. The second ground arises later in the case -- if the defendant is doing, threatening, or procuring some act that violates the plaintiff's rights in the subject of the action and would make a judgment for the plaintiff worthless, the court can step in there too.

A third, separate ground protects against a debtor hiding assets: if an affidavit shows the defendant threatens to remove or dispose of property to defraud creditors or defeat the judgment, a temporary injunction can stop that removal or disposal. A fourth catch-all lets a temporary injunction issue whenever another statute specifically authorizes one.

Frequently Asked Questions

When can an Oklahoma court grant a temporary injunction?

When the petition shows the plaintiff is entitled to relief that includes stopping an injurious act, when the defendant threatens conduct during litigation that would make a judgment worthless, when a defendant threatens to hide assets from creditors, or when another statute specifically authorizes it.

Can a temporary injunction stop someone from hiding assets during a lawsuit?

Yes. If an affidavit shows the defendant threatens to remove or dispose of property to defraud creditors or defeat the judgment, the court may grant a temporary injunction to stop it.

Does every temporary injunction need its own separate statute authorizing it?

No. Section 1382 lets a temporary injunction issue on the grounds it lists directly, plus a general catch-all for injunctions any other statute specially authorizes.

What must the petition show to justify restraining the defendant's conduct?

That the plaintiff is entitled to the relief demanded, and that relief includes restraining an act whose commission or continuance would injure the plaintiff during the litigation.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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