Injunction

Injunction is a legal remedy in the form of a special court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.

Types of Injunctions

There are three types of injunctions: Permanent Injunctions, Temporary restraining orders and preliminary injunctions.

Permanent Injunctions

A Permanent Injunction is an injunction that lasts indefinitely. It is issued by a court after a final hearing on the merits of the case.

Temporary Restraining Orders

A Temporary Restraining Order (TRO) is a short-term pre-trial temporary injunction. To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued.

Preliminary Injunctions

A Preliminary Injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.

Uses of Injunctions

Injunctions are used to provide a remedy for harm caused by violation of the plaintiff's rights and to prevent further violations of those rights. Injunctions are often used in cases involving intellectual property disputes, nuisance and trespass, and in restraining orders related to domestic violence.

See Also

• Restraining Order
• Legal Remedy
• Contempt of Court

References

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