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 ?
Hall called the Garrett footnote "unambiguous" in reversing the dismissal of claims for injunctive relief brought by Linda Gibson, a correctional employee, and Larry Brown, an employee of the state police.
Improperly placed residents will be able to obtain injunctive relief, getting them out of nursing homes and receiving community-based services.
The Act's enforcement provisions for private transportation systems are the same as those for private entities that provide public transportation services, providing for both injunctive relief under Section 204 of the 1964 Civil Rights Act and Justive Department actions which may seek civil penalties.
The district court ruled that officials had violated the inmates' due process right and granted injunctive relief.
A prisoner filed a suit seeking injunctive relief in his civil rights action against prison officials and prison employees.