Legalfeesguide

Injunction

A court order requiring a party to do something or stop doing something — available in emergency form (TRO) and on a more permanent basis after a hearing.

An injunction is an equitable remedy — a court order commanding a party to perform a specific act (mandatory injunction) or to refrain from a specific act (prohibitory injunction). Unlike damages (money), injunctions directly control behavior. They are available in a range of formats: a temporary restraining order (TRO) can be issued ex parte (without the other side present) for immediate emergencies and lasts 14 days; a preliminary injunction is issued after both sides are heard and lasts until final judgment; a permanent injunction is the final relief after a full trial on the merits.

To obtain a preliminary injunction, the moving party must typically show: likelihood of success on the merits, irreparable harm without the injunction, that the balance of hardships favors injunctive relief, and that the public interest is not disserved. Courts require detailed evidence and affidavits and often require the moving party to post a bond to compensate the other side if the injunction is later found to have been wrongly issued.

Violating a court injunction is contempt of court, punishable by fines and imprisonment. Injunctions are common in: domestic violence (restraining orders), intellectual property (stopping infringement), employment (enforcing non-compete agreements), and commercial disputes (preserving assets or business operations during litigation).

Real-World Example

The software company obtained an emergency TRO blocking its former employee from joining a direct competitor for 14 days while the court scheduled a full preliminary injunction hearing on the non-compete agreement.

Related Terms

Non-Compete AgreementDamages
← Full Legal Advice Glossary