§ 8.01-628.Equity of prayer for temporary injunction to be shown by affidavit or otherwise.
Chapter 24. Injunctions · Last amended 2015 · Last verified July 16, 2026
Full Text of § 8.01-628
Plain-English Summary
Before a court will freeze the status quo with a temporary injunction, it has to believe the plaintiff’s underlying claim has merit — the statute calls this being satisfied of “the plaintiff’s equity.” That is a threshold about the strength of the case itself, not just a showing that harm is threatened.
The section then supplies the practical mechanism for meeting that threshold quickly: an application for a temporary injunction can be supported, or opposed, by an affidavit or a verified pleading. That option matters because emergency relief often cannot wait for a full evidentiary hearing with live witnesses — sworn paper lets the court act fast while still requiring something more than bare assertion.
This section supplies the merits gate a plaintiff has to clear before the court moves on to the mechanics found elsewhere in the chapter — fixing a duration under § 8.01-624, deciding whether notice is proper under § 8.01-629, and setting a bond under § 8.01-631.
Frequently Asked Questions
What must a court be satisfied of before awarding a temporary injunction?
The plaintiff’s equity — that is, that the plaintiff has a legitimate claim to the relief sought.
How can a party support an application for a temporary injunction?
By affidavit or by a verified pleading.
Can the opposing party contest the application the same way?
Yes — the statute allows an application to be supported or opposed by an affidavit or verified pleading.
Is a full evidentiary hearing with live witnesses required under this section?
No — the statute allows affidavits or verified pleadings as sufficient support for the application.
Does this section set a time limit on the injunction itself?
No — the duration of a temporary injunction is governed separately by § 8.01-624.
Amendment History
Code 1950, § 8-620; 1977, c. 617; 2015, c. 125.