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Injunction
 
 
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An injunction is an equitable remedy
Equitable remedy

In law, equitable remedies are the remedies developed and granted by the old courts of Equity , such as the Court of Chancery in England, and still available today in common law jurisdictions....
 in the form of a court order
Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a Hearing , a lawsuit, an appeal or other court proceedings....
, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of injunctions are considered serious criminal offences that merit arrest and possible prison sentences.

he core of injunctive relief is a recognition that monetary damages cannot solve all problems. An injunction may be permanent or it may be temporary.






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An injunction is an equitable remedy
Equitable remedy

In law, equitable remedies are the remedies developed and granted by the old courts of Equity , such as the Court of Chancery in England, and still available today in common law jurisdictions....
 in the form of a court order
Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a Hearing , a lawsuit, an appeal or other court proceedings....
, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of injunctions are considered serious criminal offences that merit arrest and possible prison sentences.

Basis of injunctions

At the core of injunctive relief is a recognition that monetary damages cannot solve all problems. An injunction may be permanent or it may be temporary. A preliminary injunction
Preliminary injunction

A preliminary injunction, in Equity , is an injunction entered by a court prior to a determination of the merits of a legal case, in restraining order a party from going forward with a course of conduct until the case has been decided....
, or an interlocutory injunction, is a provisional remedy
Provisional remedy

The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.Under United States law, Federal Rules of Civil Procedure 64 provides with several types of seizure that a Federal Court may use pursuant to state law....
 granted to restrain activity on a temporary basis until the court can make a final decision after trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
. It is usually necessary to prove the high likelihood of success upon the merits of one's case and a likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to obtain a permanent injunction.

Temporary restraints

In the United States, a temporary restraining order (TRO) may be issued for short term. A temporary restraining order usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop
Drop

Drop may refer to:*Drop or droplet, a small volume of liquid**Eye drops, saline drops used as medication for the eyes*Drop , a type of punch used in boxing...
 the order or to issue a preliminary injunction.

A temporary restraining order may be granted ex parte
Ex parte

Ex parte is a Latin law term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present....
, that is, without informing in advance the party to whom the temporary restraining order is directed. Usually, a party moves ex parte to prevent an adversary from having notice of one's intentions. The order is granted to prevent the adversary from acting to frustrate the purpose of the action, for example, by wasting or hiding asset
Asset

In business and accounting, assets are everything of value that is owned by a person or company. It is a claim on the property your income of a borrower....
s (as often occurs in dissolution of marriage) or disclosing a trade secret
Trade secret

A trade secret is a formula, Best practice, process, design, Legal instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers....
 that had been the subject of a non-disclosure agreement
Non-disclosure agreement

A non-disclosure agreement , also known as a confidentiality agreement, confidential disclosure agreement , proprietary information agreement , or secrecy agreement, is a law contract between at least two party that outlines confidential materials or knowledge the parties wish to share with one another for certain pur...
.

Apprehended Violence Order

Sometimes, a court grants an apprehended violence order (AVO) to a person who fears violence
Violence

Violence is the expression of physical force against self or other, compelling action against one's will on pain of being hurt. Variant uses of the term refer to the destruction of non-living objects ....
 or harassment from their harasser. A court can issue an apprehended violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking
Stalking

Stalking is a controversial pejorative term applied to the behaviour of individuals towards others which has no universally accepted definition....
. If a defendant
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
 knowingly contravenes a prohibition or restriction specified in the order, he or she can be subject to a fine, imprisonment, or both.

Many states have injunction laws that are written specifically to stop domestic violence
Domestic violence

Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
, stalking
Stalking

Stalking is a controversial pejorative term applied to the behaviour of individuals towards others which has no universally accepted definition....
, sexual assault
Sexual assault

Sexual assault is is an assault of a sexual nature on another person. Although sexual assaults most frequently are by a man on a woman, it may be by a man on a man, woman on a man or woman on a woman....
 or harassment
Harassment

Harassment refers to a wide spectrum of offensive behaviour. The term commonly refers to behaviour intended to disturb or upset, and, when the term is used in a legal sense, it refers to behaviours which are found threatening or disturbing....
 and these are commonly called restraining orders, orders of protection, or protective orders.

Rationale behind injunctions

This injunctive power to restore the status quo ante
Status quo ante

Status quo ante, Latin for, "the way things were before," incorporating the term status quo, may refer to:* In law, the objective of a temporary restraining order or a rescission in which the situation is restored to "the state in which previously" it existed...
; that is, to make whole again someone whose rights have been violated, is essential to the concept of fairness (equity). For example, money damages would be of scant benefit to a land owner who wished simply to prevent someone from repeatedly trespass
Trespass

Trespass is a legal concept, which refers to intrusion into another person's property. Trespass to land is a type of trespass, which can cause criminal or a tort liability....
ing on his land.

Injunctions in U.S. labor law context

After the United States government successfully used an injunction to outlaw the Pullman
Pullman Strike

The Pullman Strike occurred when 3,000 Pullman Company workers reacted to a 25% wage cut by going on a strike action in Illinois on May 11, 1894, bringing traffic west of Chicago to a halt....
 boycott in 1894 in the case of In re Debs
In re Debs

In re Debs, Case citation , was a United States Supreme Court of the United States decision handed down concerning Eugene V. Debs and trade union....
, employers found that they could obtain federal court
United States federal courts

The United States federal courts comprises the Judiciary of government organized under the United States Constitution and Law of the United States of the federal government of the United States....
 injunctions to ban strikes and organizing activities of all kinds by union
Trade union

A trade union or labor union is an organization run by and for workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions....
s. These injunctions were often extremely broad; one injunction issued by a federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contract
Contract

A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement....
s with their employers.

Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the U.S. Congress in 1932 to pass the Norris-LaGuardia Act
Norris-LaGuardia Act

The Norris?La Guardia Act of 1932 was a United States federal law that made yellow-dog contracts, or those in which a worker agreed as a condition of employment that he would not join a trade union, unenforceable in United States federal courts; the common title followed from the names of the sponsors of the legislation: Republican Party...
, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions as to effectively prohibit all federal court injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which a party seeks injunctive relief to enforce the grievance
Grievance

A grievance is a wrong or hardship suffered, which is the grounds of a complaint....
 arbitration
Arbitration

Arbitration, a form of alternative dispute resolution , is a law technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound....
 provisions of a collective bargaining
Collective bargaining

Collective bargaining is the process whereby workers organize together to meet, converse, and compromise upon the work environment with their employers....
 agreement
Agreement

Agreement may refer to:* Agreement , cross-reference between parts of a phrase* Gentlemen's agreement, not enforceable by law* Contract, enforceable in a court of law...
.

Common reasons for restraining orders

  • stalking
    Stalking

    Stalking is a controversial pejorative term applied to the behaviour of individuals towards others which has no universally accepted definition....
  • domestic violence
    Domestic violence

    Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
  • harassment
    Harassment

    Harassment refers to a wide spectrum of offensive behaviour. The term commonly refers to behaviour intended to disturb or upset, and, when the term is used in a legal sense, it refers to behaviours which are found threatening or disturbing....
  • bullying (in some cases)
  • physical
    Physical abuse

    Physical abuse is abuse involving contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or harm.Basic forms include:...
     or sexual abuse
    Sexual abuse

    Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another. The offender is referred to as a molester/molestor/ abuser/sexual abuser....
  • the wrongful transfer of real property
    Real property

    In the common law, real property refers to one of the two main classes of property, the other class being personal property . Real property generally encompasses Estate in land, land improvements resulting from human effort including buildings and machinery sited on land, and various property rights over the preceding....
    , also called fraudulent conveyance
    Fraudulent conveyance

    A fraudulent conveyance, or fraudulent transfer, is a civil cause of action. It arises in debtor/creditor relations, particularly with reference to insolvent debtors....
  • the disclosure of sensitive information in line with the Official Secrets Act 1989 (UK only)
  • trademark infringement
    Trademark infringement

    Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees ....
  • copyright infringement
    Copyright infringement

    Copyright infringement is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works....
  • patent infringement
    Patent infringement

    Patent infringement is the act of utilizing a patented invention without permission from the patent holder. Permission may typically be granted in the form of a licence....
  • trade secret disclosure
  • tortious interference of contract
    Contract

    A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement....
  • criminal contempt
  • civil contempt
    Contempt

    Contempt is an intense feeling or attitude of regarding someone or something as inferior, base, or worthless?it is similar to scorn. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful disobedience of the authority of a court of law or legislative body....


See also

  • Anti-social behaviour order
    Anti-Social Behaviour Order

    An Anti-Social Behaviour Order or ASBO in the United Kingdom and the Republic of Ireland is a Civil law order made against a person who has been shown to have engaged in anti-social behaviour....
     (UK)
  • Anti-suit injunction
    Anti-suit injunction

    In the area of conflict of law, anti-suit injunction is an order issued by a court order or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum....
  • Anti-Injunction Act
    Anti-Injunction Act

    The Anti-Injunction Act, , is a United States federal statute that prohibits any United States federal courts from issuing an injunction against proceedings in any state court, except within three specifically defined exceptions....
  • Burden of proof
    Burden of proof

    The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
  • Civil litigation
  • Interim order
    Interim order

    The term interim order refers to an order passed by a court during the pendency of the litigation. It is generally passed by the Court to ensure Status quo....
  • Cross-border injunction
    Cross-border injunction

    In European law, and especially in European intellectual property law, a cross-border injunction is an injunction by a court in one European country, such as for instance a court in the Netherlands, forbidding infringement in several other European countries....
  • Equity (law)
  • Equity court
  • Gang injunction
    Gang injunction

    A gang injunction is a court-issued injunction prohibiting gang members from participating in certain activities. It is based on the legal theory that gang activity constitutes a public nuisance that prevents non-gang members from enjoying peace in their communities....
  • Lawburrows
    Lawburrows

    Lawburrows is a little-known civil action in Scots law initiated by one person afraid of another's possible violence....
     (Scotland)
  • Lawsuit
    Lawsuit

    In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
  • Mareva injunction
    Mareva injunction

    The Mareva injunction , in Commonwealth of Nations jurisdictions, is a injunction which freezes assets so that a defendant to an lawsuit cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment....
  • Restraining order abuse
    Restraining order abuse

    In the 1990s, increasing political attention to the problem of domestic violence against women resulted in many pieces of legislation designed primarily to protect women, such as the Violence Against Women Act....
  • Peace bond
    Peace bond

    A peace bond, in Canada law, is an order from a Criminal justice court that restrains one person from bothering or threatening another. The bond can last for up to twelve months....
  • Protection From Abuse
    Protection From Abuse

    A Protection From Abuse is an injunction to protect a person or persons in or just out of an abusive relationship with a romantic partner or family member, similar to a restraining order....
  • Standing
    Standing (law)

    In the common law, and under many statutes, standing or locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case....