Injunctions

An injunction is a court order that requires a person or entity to either perform a specific act or to stop doing something. It is an equitable remedy used when monetary damages are insufficient to address the harm, often to prevent irreparable injury.

There are different types of injunctions:

• Prohibitory injunctions: Orders forbidding a party from performing a particular act.
• Mandatory injunctions: Orders requiring a party to perform a specific act.

Injunctions can also vary by duration:

• Temporary Restraining Orders (TROs): Short-term orders to preserve the status quo until a formal hearing, often issued without notice and lasting about ten days.
• Preliminary Injunctions: Issued after notice and a hearing, lasting longer than TROs, to maintain the status quo during litigation.
• Permanent Injunctions: Issued as a final remedy after the conclusion of a case, potentially lasting indefinitely or until a specified time.

To obtain an injunction, the requesting party usually must prove:

• A reasonable likelihood of success on the merits of the case.
• That legal remedies (like monetary damages) are inadequate.
• That the harm threatened to the requesting party outweighs any potential harm to the opposing party.
• That granting the injunction serves the public interest.

Violating an injunction can lead to contempt of court, which may result in criminal or civil penalties.

In specific contexts, such as protection against domestic violence, injunctions can order an abuser to stay away from the victim’s home, workplace, or other places, and prohibit contact by any means.

Overall, injunctions are powerful legal tools used to prevent harm or compel action when other remedies are insufficient.