Injunction - Explained
What is an Injunction?
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What is an Injunction?
An injunction refers to a court ruling that refrains an individual or an entity from continuing a particular action or commands the party to do a specific action. An injunction is often used in civil trials, it is a court order given as a remedy to a civil case. Injunctions guide the conduct of a party towards a specific act or curbs the misconduct of another party when the court orders an individual or entity to stop doing an act that is damaging to another party or to start doing an act that is beneficial to other parties, it is an injunction. There are three types of injunction, they are:
- Temporary restraining orders: This is an injunction that prophets or restrains a party from continuing with a specific cat. It may also prohibit the defendant from being in contact with the plaintiff. This order is given early in a civil trial when there are perceived threats that can be carried out by the defendant.
- Preliminary injunctions: These injunctions are also given early in court cases, these orders prohibit the parties from doing certain acts pending the outcome of the trial or court ruling.
- Permanent injunctions: These injunctions are issued by the court after a trial or lawsuit has been concluded.
When is an Injunction Used?
There are many instances or cases where injunctions are used by the court of law, popular cases include a lawsuit filed against a party which provides evidence that the party (defendant) has caused harm or is likely to cause harm to the plaintiff. Injunctions can also be used in cases involving two or more businesses that prohiit the entities from engaging in certain acts of command them to do specific acts. Also, in a divorce case involving partners who run a joint business entity, a preliminary injunction can be used if there is a dispute regarding the ownership and control of the business. This injunction stands pending the divorce process is concluded and the ownership issue resolved.
Obtaining an Injunction
Individuals who are partied to a case who wish to be granted a temporary injunction need to provide facts and evidence to the court on why the injunction should be granted. This evidence reveals their merit in the case or otherwise. For instance, a plaintiff who can show the court that they may be harmed if the injunction is not granted can receive a temporary injunction. In the case of a permanent injunction, a plaintiff might be granted the injunction if there is proof that the defendant has caused grievous injury, crisis and untold hardships to the plaintiff.