Injunctions

Definition

An injunction is a court order that requires a party to do or refrain from doing a specific action. It is a powerful judicial remedy used to prevent or address unlawful conduct, often in cases where monetary damages are insufficient to provide adequate relief.

5 Must Know Facts For Your Next Test

1. Injunctions are an equitable remedy, meaning they are granted at the discretion of the court based on the specific circumstances of the case.
2. Courts will typically grant an injunction if the plaintiff can demonstrate a likelihood of success on the merits, irreparable harm, and that the balance of equities favors the injunction.
3. Temporary restraining orders (TROs) are a type of emergency injunction that can be issued without a full hearing, but they are only temporary and limited in duration.
4. Preliminary injunctions maintain the status quo until a final judgment can be reached, while permanent injunctions provide long-term relief after the case has been fully adjudicated.
5. Violating an injunction can result in civil or criminal contempt of court charges, which can lead to fines or even incarceration.

Review Questions

• Explain the key differences between temporary restraining orders, preliminary injunctions, and permanent injunctions.
  • Temporary restraining orders (TROs) are emergency injunctions that can be issued without a full hearing, but they are temporary and limited in duration. Preliminary injunctions are granted early in a lawsuit to maintain the status quo and prevent irreparable harm until a final judgment can be reached. In contrast, permanent injunctions are court orders issued after a full hearing and final judgment on the merits of the case, providing long-term relief to the prevailing party.
• Describe the legal standards and considerations that courts typically use when deciding whether to grant an injunction.
  • Courts will generally grant an injunction if the plaintiff can demonstrate a likelihood of success on the merits of the case, that irreparable harm will occur without the injunction, and that the balance of equities (the relative harm to the parties and the public interest) favors granting the injunction. Injunctions are an equitable remedy, meaning the court has discretion in determining whether the specific circumstances of the case warrant this extraordinary judicial intervention.
• Analyze the potential consequences for a party that violates a court-ordered injunction.
  • Violating an injunction can result in civil or criminal contempt of court charges. This can lead to significant fines or even incarceration, as courts have the power to enforce their orders through their contempt authority. The threat of these penalties is intended to compel compliance with injunctions, which are court orders carrying the full force of the law. Violating an injunction is a serious offense that can have severe consequences for the non-compliant party.

Related terms

Temporary Restraining Order (TRO): A temporary injunction issued by a court to prohibit a party from taking a particular action, usually before a full hearing on the matter can be held.

Preliminary Injunction: An injunction granted early in a lawsuit, before a final judgment is made, to maintain the status quo and prevent irreparable harm.

Permanent Injunction: A court order that permanently prohibits or mandates a specific action, issued after a full hearing and final judgment on the merits of the case.