injunction

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injunction

a court order issued to a person or company requiring them to desist from behaving in ways which are harmful to other people. See CONTRACT, TORT.

injunction

A court order requiring a party to do something,or to stop doing something,until further notice.If the party fails to perform according to the injunction, then the party will be required to appear in court, defend his or her actions, and show cause why he or she should not be held in contempt of court.If held in contempt,the party may be ordered to pay a fine,may be jailed until the contempt is cured,or could suffer both consequences.

Injunctions come in three varieties:

1. Temporary restraining order (TRO). Usually obtainable with little or no notice to the defendant, sometimes as quickly as within an hour or so if the complaining party can convince a judge that there is immediate risk of irreparable harm if the restraining order is not issued.

2. Preliminary injunction. Usually issued after a TRO, if the judge decides that an injunction should remain in effect until such time as there can be a full trial on the merits of the case. Failure to obtain a TRO does not mean a judge will not issue a preliminary injunc- tion; it simply means the judge did not agree with the plaintiff's evaluation of the neces- sity for urgent action.

3. Final injunction. The final order issued by a court after it has heard all the evidence and legal arguments for and against the injunction. The order is a final order, from which the parties may appeal.

References in periodicals archive ?
Protection orders are available in New Zealand under the Domestic Violence Act 1995 (DVA) and are provided through the Family Court, whereas breaches of the Act are enforced through the Criminal Courts.
The protection order may also include a provision for the protection of children or persons living in the victim's house.
Successful service is a fundamental practical aspect of the protection order procedure and therefore in need of urgent attention.
issuance of protection orders in criminal cases; and second, the
The provisions of protection orders have limited durations, and there are stiff penalties for giving false information about the violation of protection orders or for trying to entrap someone into violating such orders.
The first protection order issued against Arnie occurred after he appeared at her apartment and demanded to know her whereabouts from Geogia's brother.
The study also showed that elderly people who applied for protection orders requested provisions such as no communication, custody of grandchildren, limitations of access by the abuser to grandchildren and temporary maintenance.
Deputy First Minister Nicola Sturgeon said Scottish courts will now have the power to issue forced marriage protection orders to ensure people seeking help - or anyone who is worried about someone else's welfare - can be taken to a place of safety or stopped from being taken abroad for marriage.
There were 32% more emergency protection orders, used when there are concerns that a child is in immediate danger, and courts granted 38% more interim care orders to give local authorities responsibility for children's well-being.
Scott, a tree surgeon for eight to ten years, was fined pounds 6,000 plus pounds 550 costs last week for pruning one willow, one ash, one beech and three chestnut trees knowing that tree protection orders were in place.
Law enforcement and the courts can instantly access life-saving information regarding protection orders and proceedings, which is critical when making arrest and detention decisions.

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