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 ?
16) No such opt-out rights from injunctive relief exist under (b)(1) or
Since normative beliefs are a strong predictor of substance use, conducting injunctive norm research on an at-risk population is vital for discovering information that could be useful in developing prevention programming targeted specifically towards that group.
Judge Cynthia Holcomb Hall, writing for the Eighth Circuit in Gibson, explained that the 1908 doctrine of Ex parte Young "creates a legal fiction: A state official stops being a state official when he does something contrary to federal law" and is thus no longer entitled to the state's immunity from suit for injunctive relief.
The law provides that transit authorities failing to implement the Act's requirements may considered to have discriminated against people with disabilities and may be sued under Sections 504 and 505 of the 1973 Rehabilitation Act, which provide for injunctive relief.
Convicted felons brought an action for injunctive relief seeking to have a Georgia law requiring DNA sampling of all convicted felons declared unconstitutional.