Injunctions explained

 

An injunction is a court order requiring a person to do or cease doing a specific action. There are two types of injunctions: a temporary restraining order and a preliminary injunction. The purpose of both is to maintain the status quo either by preventing a defendant from becoming insolvent or to stop the defendant from continuing to act in the manner complained of. Injunctive relief is a discretionary power of the court and failure to comply with an injunction may result in being held in contempt of court.

 

Injunctions: an overview

 

An injunction is a court order requiring an individual to do or omit doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff's rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause.

 

An individual who has been given adequate notice of an injunction but fails to follow the court's orders may be punished for contempt of court.

 

An injunction is an equity remedy and as such is available only in cases of in-personam jurisdiction (not in ]in-rem] proceedings). Rule 65 of the Federal Rules of Civil Procedure explains what injuctions are and the rules regarding them. Basically, there are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in the harmful, complained-of way until further judicial proceedings are available.

 

There is a balancing test that courts typically employ in determining whether to issue an injunction. The defendant's 5th Amendment due process rights are weighed (heavily) against the possibility of the defendant becoming judgment-proof, and the immediacy of the harm allegedly done to the plaintiff (i.e., how badly does the plaintiff need the injunction). When it is possible, the defendant must always be put on notice of the injunction hearing, and the duration of the injunction is typically as temporary as possible. Additionally, in many jurisdictions, plaintiffs demanding an injunction are required to post a bond.

 

If you are in need of an attorney with injunction experience, contact www.marybethcorn.com for a free consulation today.

 

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a family law

attorney about your legal rights and responsibilities regarding your particular case.