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What is an Injunction?
An injunction is a court order that specifically orders an individual to halt a specific practice that he or she is undertaking. Injunctions are used in a variety of ways to prevent the construction of buildings, printing of newspapers articles, domestic violence cases, etc. An injunction is used to prevent some injustice that might occur if the specific act is continued.
What Can Occur by Not Following An Injunction?
Court orders have the full force of law and should always be obeyed. Therefore, when a judge issues an injunction to halt a specific practice it should be complied with immediately. The failure to follow an injunction order will lead to a contempt of court. There are many possible consequences of a contempt of court. These include the following:
- Jail time
- Community service
- Large fines
How Can I Obtain an Injunction?
Individuals that wish to obtain injunctions can proceed to any courthouse and request that a particular practice be immediately stopped. A judge will listen to the arguments on both sides of an issue and make a determination. In most cases, a bond will be required by the person seeking to establish an injunction.
What if I Don't Agree with an Injunction?
Parties that don't agree with a judge's decision to impose an injunction can file a cause of action in court. The injunction can be appealed to a higher court but in most cases an injunction is binding unless specifically overruled by a higher court. Usually, a temporary injunction will be enforced until a trial can be held that will determine whether the injunction should become permanent.
Should I Contact an Attorney?
Yes. If you are thinking about an injunction is would be in your best interest to hire an experienced attorney. For instance, if you're the victim of domestic abuse an experience attorney can be of great assistance in obtaining a permanent injunction. In addition, if you're unhappy with an injunction an experienced attorney can help bring a suit to end the injunction.
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Last Modified: 03-20-2014 11:17 AM PDT
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