injunction


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Related to injunction: interlocutory injunction, mandatory injunction

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 ?
This includes those proceedings where a part 1 injunction is sought.
980 (b)(2), Order Denying Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence.
The injunction prohibits 900 members of the San Fer -- one of the Valley's oldest and most violent gangs -- from meeting in public, possessing graffiti tools such as spray-paint cans, and hanging out at the Sylmar Recreation Center or Sylmar Park.
Using new powers, council officers and police successfully applied to the court the next day for an emergency injunction.
However, in my opinion, little would have been gained by having the injunction formally quashed, and little has been lost by their failure to get their way.
The permanent order includes an opt-out provision, which gives gang members served with court documents the opportunity to be eventually dropped from the injunction.
Gentex's motive in seeking a preliminary injunction at this time is clear.
We are pleased that the Court dismissed the preliminary injunction proceeding, which empowers Bally's shareholders to focus on what we think is the real issue: Should Mr.
It seems to us to be an unfortunate nonsolution to a serious problem,'' said Ricardo Garcia of the American Civil Liberties Union, which has often opposed gang injunctions as violations of the right to assemble.
28, 1992, that the injunction would take effect immediately after Perstorp Xytec posted a $500,000 security bond with the U.
Gang injunctions give the city extra power to arrest and convict identified gang members by prohibiting their activities to congregate, associate and generally do gang business within a defined area.
Scott Somit, the president of TSJ, said that "The injunction has enabled my company to survive.