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What Is an Injunction?
An injunction is a court order asking someone to do something or forbidding some act. Common examples of injunctions include:
- Prohibitions against creating nuisances
- Preventing a factory from polluting a stream
- Prohibiting the cutting of trees
- Stopping a company from infringing upon a patent or copyright
What Are the Main Types of Injunctions?
The three main types of injunctions are:
- Temporary Restraining Order
- Preliminary Injunction
- Permanent Injunction
What Is a Temporary Restraining Order?
A temporary restraining order (a.k.a. TRO) is a short-term injunction issued before a formal court hearing. A TRO is issued when there is a danger that a delay in issuing an injunction will cause irreparable harm. The common features associated with a TRO are:
- It may be granted without a hearing
- It is of limited duration, usually 10 days
- It is issued at the beginning of litigation
What Is a Preliminary Injunction?
A preliminary injunction is a court order issued early in a lawsuit, prohibiting a party from doing that which is in dispute until there is a final court judgment. The factors that affect whether a preliminary injunction is issued are:
- The likelihood of success for the plaintiffs
- The public interest must be considered
- A balancing of the hardships in favor of the plaintiffs
- Potential irreparable harm to the plaintiff unless the injunction is issued
- The status quo must be maintained
What Is a Permanent Injunction?
A permanent injunction is a final court order that a party cease certain activities permanently or perform certain acts. In order for a permanent injunction to be issued, the plaintiff must show evidence of an underlying harm. Elements that must be proved by a plaintiff to earn a permanent injunction include:
- That money or other legal damages are inadequate
- That an important property interest is involved
- That it is practical for the court to oversee that its decree is followed
- That there is an evenhanded balancing of hardships in the eyes of the law
- That no defenses are applicable to the situation at hand
Should I Consult an Attorney about My Injunction Issue?
If you seek an injunction, it is important that you hire a lawyer focusing on the particular area of law where your injunction would be relevant. For example, if you wish to obtain an injunction against your neighbor for creating a noise nuisance, a property attorney can assist you with that injunction. Experienced attorneys can also help to nullify or modify an existing unfair injunction on record against you.
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Last Modified: 05-31-2012 01:58 PM PDT
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