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Injunction A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case. An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed to be contrary to good conscience. Sep 17, · An injunction is an order by a court commanding or prohibiting a specific action. If a person or company fails to abide by an injunction issued against them, they can be held in contempt of court and punished with imprisonment or fines.
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We update our site regularly, and all content is reviewed by experts. The definition of injunction states that an injunction is an order issued by a court that forces the defendant——a person, corporation or government entity——to do something or stop doing something, depending on what the plaintiff is requesting.
In relatively rare cases, the court may issue mandatory injunctions, compelling a person, company, or governmental unit to take affirmative action in carrying out a specified action. When victims decide to file a lawsuit, they must specify what type of legal remedy or relief they are asking the court to grant them.
While many victims seek money to compensate them for their injury, some injuries require a different type of legal remedy. Instead of asking a court for monetary damages, a plaintiff could ask the court for an injunction or injunctive relief against the defendant. Any plaintiff seeking injunctions should first consult with an experienced attorney. It is important to note that when you file a lawsuit you may request both money damages and injunctive relief if both are necessary for an appropriate legal remedy; you may have filed a lawsuit with a request for money damages, but because the defendant continued to act in bad how to make your tv hdmi, the continued violation of your rights shows that whst damages are not sufficient to stop or deter a defendant and it what is a court injunction order you will need injunctions as well.
For example, if you own injuhction website and another firm is continually copying the material on your site in violation of copyright notices and contractual provisions, then a court can award money damages and issue an injunction to prevent that conduct from recurring.
Injunctive relief is generally considered a legal remedy of whar resort, so when you file a lawsuit you must show that you need the injunction because no other remedies are adequate for your situation either because the subject of the lawsuit is unique or money is not enough to deter bad behavior. For example, suppose you own a home surrounded by year-old trees and your neighbor claims the trees are on his property and is planning on cutting them down.
While the dispute is pending, the court will likely issue an injunction preventing your neighbor from cutting down the trees until the matter is heard and completely resolved. The injunction would be appropriate because money damages cannot replace year-old trees. Essentially, you must show that irreparable harm will occur ordeer the injunction is not granted. An injunction begins with a petition requesting the court to grant injunctive relief.
Because the petition is usually the beginning of a lawsuit, you will be required to pay a filing fee. Depending on the extent of the legal remedy you are requesting, the court may imjunction require you to post a bond.
If the court approves your request for an injunction, the court can order the defendant to temporarily do something or stop doing something they are doing until a final hearing can be held. This initial injunction is called a temporary injunction because it only lasts for a specified period of time until a hearing can determine the appropriate legal remedies. At a final hearing, both sides are allowed to present evidence to the court. After the court hears evidence from both sides at a final hearing, the court will then decide whether the injunction should only be temporary or permanent depending on the issues surrounding the need for the original injunction.
Before you file a lawsuit, you may want to consult with an attorney to review which odder of legal remedy is best suited for your injuries. If you forget to ask for a particular type of legal remedy when you file a lawsuit, you could potentially lose the opportunity to ask for it a later time period. Permanent injunctions are typically issued once a lawsuit over the current activity is resolved, as opposed to a preliminary injunction, which is issued while the lawsuit what does invasive melanoma mean pending.
A permanent injunction or perpetual injunction is given at the time of the final judgment, and therefore it is prevalent for a longer period of time. The defendant is perpetually restrained from the commission of an act or the abstinence from the commission of an act. To obtain a permanent injunction, a party is required to prove its legal rights and that an injunction is an adequate remedy. It protects the victim from being disposed of, or his property being destroyed or harmed, or from any injury to plaintiff.
A temporary injunction protects the interests of an individual or entity until the final judgment. When granted, it lasts for a specified period of time, or inujnction the court deems fit. An injunction is often very important for the protection of rights. An injunction order is not a right in itself; however, its denial is in the sole discretion of the courts.
Examples of injunction include couurt kinds of civil injunction petitions that can be filed with injunctoin Clerk of Court in your county such as domestic violence, sexual violence, dating violence, and repeat violence. For example, a domestic violence injunction may be filed against a person who has lived with you as a family either now or in the past.
Skip to content. What is an injunction? An injunction is a court order that forces the defendant to start or stop doing something. People, companies, and government entities can all face injunctions. Table of Contents. Get Legal Help Ordeer Find the right lawyer for your legal issue.
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An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions, Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature. Jan 19, · A court-ordered injunction is a decree made by a recognized court that either compels someone to take an action or prevents someone from taking an action. The issuing court must have jurisdiction over the party being compelled or prevented and must also have jurisdiction over the action or actions involved. Jan 28, · An injunction is a court order that forces the defendant to start or stop doing something. People, companies, and government entities can all face injunctions. Most commonly, injunctions put a stop to ongoing conduct that continues to violate a person’s rights or causes injury.
A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case. An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed to be contrary to good conscience.
It is an extraordinary remedy, reserved for special circumstances in which the temporary preservation of the status quo is necessary. An injunction is ordinarily and properly elicited from other proceedings. For example, a landlord might bring an action against a tenant for waste, in which the right to protect the land-lord's interest in the ownership of the premises is at issue. The landlord might apply to the court for an injunction against the tenant's continuing harmful use of the property.
The injunction is an ancillary remedy in the action against the tenant. Injunctive relief is not a matter of right, but its denial is within the discretion of the court. Whether or not an injunction will be granted varies with the facts of each case. The courts exercise their power to issue injunctions judiciously, and only when necessity exists. An injunction is usually issued only in cases where irreparable injury to the rights of an individual would result otherwise. It must be readily apparent to the court that some act has been performed, or is threatened, that will produce irreparable injury to the party seeking the injunction.
An injury is considered irreparable when it cannot be adequately compensated by an award of damages. The pecuniary damage that would be incurred from the threatened action need not be great, however.
If a loss can be calculated in terms of money, there is no irreparable injury. The consequent refusal by a court to grant an injunction is, therefore, proper. Loss of profits alone is insufficient to establish irreparable injury. The potential destruction of property is sufficient. Injunctive relief is not a remedy that is liberally granted, and, therefore, a court will always consider any hardship that the parties will sustain by the granting or refusal of an injunction.
The court that issues an injunction may, in exercise of its discretion, modify or dissolve it at a later date if the circumstances so warrant. Preliminary A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition.
Its purpose is to prevent dis-solution of the plaintiff's rights. The main reason for use of a preliminary injunction is the need for immediate relief. Preliminary or temporary injunctions are not conclusive as to the rights of the parties, and they do not determine the merits of a case or decide issues in controversy.
They seek to prevent threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of the parties can be ultimately settled. Preliminary injunctive relief ensures the ability of the court to render a meaningful decision and serves to prevent a change of circumstances that would hamper or block the granting of proper relief following a trial on the merits of the case.
A motion for a preliminary injunction is never granted automatically. The discretion of the court should be exercised in favor of a temporary injunction, which maintains the status quo until the final trial. Such discretion should be exercised against a temporary injunction when its issuance would alter the status quo. For example, during the Florida presidential-election controversy in , the campaign of george w.
It sought a preliminary injunction until the U. Supreme Court could decide on granting a permanent injunction. In that case, Siegel v. Lepore , F. Court of Appeals for the Eleventh Circuit refused to grant the injunction, stating that the Bush campaign had not "shown the kind of serious and immediate injury that demands the extraordinary relief of a preliminary injunction. Preventive Injunctions An injunction directing an individual to refrain from doing an act is preventive, prohibitive, prohibitory , or negative.
This type of injunction prevents a threatened injury, preserves the status quo, or restrains the continued commission of an ongoing wrong, but it cannot be used to redress a consummated wrong or to undo that which has already been done. The Florida vote count in the presidential election of again serves as a good example.
There, the Bush campaign sought preventive injunctions to restrain various counties from performing recounts after the Florida results had been certified. The Bush campaign did not attempt to overturn results already arrived at, but rather attempted to stop new results from coming in.
In turn, the Gore campaign attempted to obtain a preventive injunction to prevent Florida's secretary of state from certifying the election results. Mandatory Injunctions Although the court is vested with wide discretion to fashion injunctive relief, it is also restricted to restraint of a contemplated or threatened action. It also might compel Specific Performance of an act. In such a case, it issues a mandatory injunction, commanding the performance of a positive act. Because mandatory injunctions are harsh, courts do not favor them, and they rarely grant them.
Such injunctions have been issued to compel the removal of buildings or other structures wrongfully placed upon the land of another. Permanent Injunctions A permanent or perpetual injunction is one that is granted by the judgment that ultimately disposes of the injunction suit, ordered at the time of final judgment.
This type of injunction must be final relief. Permanent injunctions are perpetual, provided that the conditions that produced them remain permanent.
They have been granted to prevent blasting upon neighboring premises, to enjoin the dumping of earth or other material upon land, and to prevent Pollution of a water supply. An individual who has been licensed by the state to practice a profession may properly demand that others in the same profession sub-scribe to the ethical standards and laws that govern it. An injunction is a proper remedy to prevent the illegal practice of a profession, and the relief may be sought by either licensed practitioners or a professional association.
The illegal Practice of Law , medicine, dentistry, and architecture has been stopped by the issuance of injunctions. Acts that are injurious to the public health or safety may be enjoined as well. For example, injunctions have been issued to enforce laws providing for the eradication of diseases in animals raised for food. The government has the authority to protect citizens from damage by violence and from fear through threats and intimidation.
In some states, an injunction is the proper remedy to bar the use of violence against those asserting their rights under the law. Acts committed without Just Cause that interfere with the carrying on of a business may be enjoined if no other adequate remedy exists. A Trade Secret , for example, may be protected by injunction. An individual's right of personal privacy may be protected by an injunction if there is no other adequate remedy, or where a specific statutory provision for injunctive relief exists.
An individual whose name or picture is used for advertising purposes without the individual's consent may enjoin its use. The theory is that injunctive relief is proper because of a celebrity's unique property interest in the commercial use of his or her name and likeness i. Restraining Orders A Restraining Order is granted to preserve the status quo of the subject of the controversy until the hearing on an application for a temporary injunction.
A Temporary Restraining Order is an extraordinary remedy of short duration that is issued to prevent unnecessary and irreparable injury. Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted. Unless extended by the court, a temporary restraining order ceases to operate upon the expiration of the time set by its terms.
An individual who violates an injunction may be punished for Contempt of court. A person is not guilty of contempt, however, unless he or she can be charged with knowledge of the injunction. Generally, an individual who is charged with contempt is entitled to a trial or a hearing. The penalty imposed is within the discretion of the court. Ordinarily, punishment is by fine, imprisonment, or both.
Suro, Robert and Jo Becker. If there is danger of immediate irreparable harm at the time the petition is filed, a judge may issue a temporary injunction which goes into affect upon it being served deliver or have delivered to the other party. This temporary injunction will stay in force until the hearing or sometimes until the outcome of a lawsuit is decided in which an injunction is one of the parts of the plaintiff's demands in the "prayer".
A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances, polluting a stream, picketing which goes beyond the bounds of free speech and assembly, or removing funds from a bank account pending determination of ownership.
So-called "mandatory" injunctions which require acts to be performed, may include return of property, keeping a gate to a road unlocked, clearing off tree limbs from a right-of-way, turning on electricity or heat in an apartment building, or depositing disputed funds with the court. See: injunctive relief , writ. An injunction is a prohibitory writ, specially prayed for by a bill, in which the plaintiff's title is set forth, restraining a person from committing or doing an act other than criminal acts which appear to be against equity and conscience.
Injunctions are of two kinds, the one called the writ remedial, and the other the judicial writ. The former kind of injunction, or remedial writ, is in the nature of a prohibition, directed to, and controlling, not the inferior court, but the party. It is granted, when a party is doing or is about to do an act against equity or good conscience, or litigious or vexatious; in these cases, the court will not leave the party to feel the mischief or inconvenience of the wrong, and look to the courts of common law for redress, but will interpose its authority to restrain such unjustifiable proceedings.
Remedial injunctions are of two kinds common or special. A special injunction is obtained only on motion or petition, with notice to the other party, and is applied for, sometimes on affidavit before answer, but more frequently upon the merits disclosed in the defendant's answer. Injunctions before answer are granted in cases of waste and other injuries of so urgent a nature, that mischief would ensue if the plaintiff were to wait until the answer were put in; but the court will not grant an injunction during the pendency of a plea or demurrer to the bill, for until that be argued, it does not appear whether or not the court has jurisdiction of the cause.
The injunction granted in this stage of the suit, is to continue till answer or further order; the injunction obtained upon the merits confessed in the answer, continues generally till the hearing of the cause. An injunction is generally granted for the purpose of preventing a wrong, or preserving property in dispute pending a suit.
Its effect, in general, is only in personam, that is, to attach and punish the party if disobedient in violating the injunction. The principal injuries which may be prevented by injunction, relate to the person, to personal property, or to real property.
These will be separately considered. With respect to the person, the chancellor may prevent a breach of the peace, by requiring sureties of the peace. A court of chancery has also summary and extensive jurisdiction for the protection of the relative rights of persons, as between husband and wife, parent and child, and guardian and ward; and in these cases, on a proper state of facts, an injunction will be granted.
For example, an injunction may be obtained by a parent to prevent the marriage of his infant son. Injunctions respecting personal property, are usually granted, 1st. To restrain a partner or agent from making or negotiating bills, notes or contracts, or doing other acts injurious to the partner or principal. Bills, 58, 61; 1 Hov. To restrain the negotiation of bills or notes obtained by fraud, or without consideration. Bills, 31 to 41; Ed.
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