Construction Law

 

A Guide To Common Legal Definitions (scroll down for full list)

"Injunction"

Injunction is a court order that compels a party to do or refrain from a specific act or set of acts. Failure to comply with an injunction order can lead to criminal or civil penalties including but not limited to possible monetary sactions or imprisionment. Contempt of court may also be charged for failure to comply to an injunction.


There are two main forms of injunctions, Permanent injunctions are typically given after a trial while Preliminary injunctions are given before trial. Preliminary injunctions are given before a trial, and because they are given at an early stage without the court having time to hear evidence and make an informed decision they are rarely given.


The requirements for a junction are the same for a permanent or preliminary injunction. Typically the requirement is that without the injunction the plaintiff would suffer “irreparable harm” for which there is “no adequate legal remedy”. The defense for an injunction is often referred to as a “undue hardship defense”.


A special kind of injunction is called a “temporary restraining order” which can be given without notice and without a hearing, but they tend to be given for a short period of time before a hearing can be held to determine the merit of the injunction. Temporary restraining orders are often given to prevent domestic violence, stalking, harassment, assault, sexual assault and other similar acts.

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