What is an injunction?
An injunction is a court order requiring a party to do something or stop doing something, often to prevent irreparable harm.
An injunction is a court order to do or stop doing something.
Where the word "Injunction" comes from
Injunction comes from the Latin injungere, to enjoin or impose. It is an equitable remedy developed in courts of equity, used when money damages are inadequate and immediate action is needed to protect rights.
Why Injunction matters
It can stop harm before it happens, such as barring a former employee from using trade secrets or ordering a polluter to halt discharges. Because the order is backed by contempt power, it is a powerful tool in litigation.
Common confusion about Injunction
An injunction is not a permanent judgment on the merits. A preliminary injunction lasts only until trial, while a permanent injunction follows a final decision, so an injunction is a remedy, not a verdict, and it can be modified or dissolved as circumstances change.
A real-world example of Injunction
A company learns a departing executive plans to share confidential customer lists with a competitor. The company seeks a preliminary injunction barring the executive and the competitor from using the lists until trial, to prevent damage that money could not undo.
A worked example of Injunction
A landowner's neighbor begins excavating on the boundary, threatening to collapse the landowner's retaining wall. The landowner obtains a temporary restraining order stopping the excavation, then a preliminary injunction that keeps the status quo until the case is heard. If the excavation had continued, the wall and the landowner's property would have been ruined, which is why the courts act quickly when the harm is imminent and irreparable.
How Injunction works in practice
If you need immediate protection, move for an injunction quickly and show irreparable harm, the likelihood of success, and that the balance of harms favors you. If you face an injunction, obey it until it is modified, because violating a court order carries contempt penalties. Document the threatened harm carefully, because the irreparable harm showing is the heart of the request.
Questions about Injunction
Types of injunctions?
Temporary, preliminary, and permanent, by stage and duration.
What if I ignore it?
You can be held in contempt of court.
Do I need to prove harm?
Yes, usually irreparable harm not fixed by money.
Can an injunction be lifted?
Yes, if circumstances change or it was wrongly granted.