Injunctive ReliefCredit Repair Definition
A court order requiring a party to do or stop doing a specific act, rather than paying monetary damages.
Definition
Injunctive relief, or an injunction, is a remedy granted by a court that orders a party to either perform a specific act (mandatory injunction) or refrain from performing a specific act (prohibitory injunction). Unlike monetary damages which compensate for past harm, injunctions aim to prevent future harm or maintain the status quo. Courts typically grant injunctive relief only when monetary damages are inadequate to address the harm, such as cases involving irreparable injury, unique property (like real estate), violations of non-compete agreements, intellectual property infringement, or ongoing nuisances. Injunctions can be temporary (preliminary injunctions or temporary restraining orders issued during litigation) or permanent (issued as part of a final judgment).
Frequently Asked Questions
When is injunctive relief typically sought?
It's sought when monetary damages wouldn't provide a sufficient remedy. Examples include stopping a competitor from using trade secrets, preventing demolition of a historic building, forcing a party to honor a unique contract (specific performance), or halting ongoing harassment or pollution.
What's the difference between a temporary restraining order (TRO), a preliminary injunction, and a permanent injunction?
A TRO is a very short-term emergency order issued (sometimes ex parte) to prevent immediate irreparable harm until a hearing can be held. A preliminary injunction is issued after a hearing, maintaining the status quo during the litigation. A permanent injunction is issued as part of the final court judgment after the case is fully decided.
What happens if someone violates an injunction?
Violating a court-ordered injunction is considered contempt of court. The violating party can face significant penalties, including fines, payment of the other party's attorney fees, or even imprisonment until they comply with the order.
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