Injunctive relief, often simply called an “injunction,” is a legal remedy a party seeks in a civil lawsuit. It is a court order that requires a person or business to either do a specific action or to refrain from doing a specific action. Injunctive relief is typically sought when monetary damages are insufficient to right a legal wrong or prevent future harm.
There are two main types of injunctions—temporary injunctions and permanent injunctions. In this post, we will explain the types of injunctive relief and look at what you need to know when seeking injunctive relief. At BrewerLong, we have spent nearly two decades helping individuals and businesses obtain injunctive relief across a broad spectrum of civil matters. Contact us today!
Injunctive Relief Definition
Injunctive relief, or an injunction, is a legal remedy that either prevents a party from performing specific acts or mandates them to act in a particular manner. This form of relief is typically sought when no adequate legal remedy exists and when failing to grant it would lead to irreparable harm.
Types of Injunctive Relief
If your interests could be permanently harmed by someone’s action or inaction, you may be able to obtain an injunction against them. Injunctions can be temporary or permanent. Temporary injunctions protect you while allowing a court time to consider the merits of your case. Permanent injunctions last longer and either prohibit another party from taking action or require them to complete an action.
Temporary Injunction
A temporary or preliminary injunction is issued before a final judgment. Its purpose is to maintain the status quo and prevent irreparable harm until the court can fully consider the case’s merits at trial. Depending on the court and circumstances of your case, this type of relief may also be called a temporary restraining order.
To obtain a preliminary injunction, the seeking party must generally show that they are likely to succeed on the merits of their case, that they will suffer irreparable harm without the injunction, that the balance of hardships favors them, and that the public interest supports the injunction. These orders are only granted in certain types of cases, so a skilled attorney can help you navigate the process of obtaining an injunction.
Permanent Injunction
A permanent injunction is a final court order issued at the conclusion of a lawsuit. This type of injunctive relief is often issued following a temporary injunction and after the court considers your case’s merits. The purpose of a permanent injunction is to provide a long-term remedy. It can be in effect indefinitely or until certain conditions are met.
To obtain a permanent injunction, a party must generally prove that they have a valid legal claim, that they have suffered irreparable harm, and that an injunction is an appropriate remedy. Permanent injunctions can be a significant burden on one’s business and reputation, so the courts do not issue these often. Speak with a member of the BrewerLong team to discuss the facts of your case and the likelihood of obtaining this type of relief.
When Can You Get an Injunction?
As we mentioned, injunctions are not available in all circumstances. Often, you will need to have contract language specifying that you are entitled to an injunction in the event of an actual or suspected breach of your agreement. A court will also consider the magnitude of harm if the breaching party takes or fails to take an action that is required by the contract.
Some of the most common instances where courts routinely grant injunctions include the following.
Prevent the Violation of Intellectual Property Rights
For example, courts will usually enjoin someone from using a trademark that belongs to another party. Continued unlawful use of a trademark can diminish the holder’s rights. This situation arises when one party uses another party’s work, logo, or tagline and associates it with their business. For instance, if a lab mouse company appropriated the Disney mouse ears for its business logo, this would almost certainly be a violation of intellectual property rights.
Stop Ongoing Harassment or Stalking
Injunctions can keep stalkers away from you and your business. While this type of injunction is most commonly associated with domestic matters, some businesses cope with protestors, harassers, and stalkers. In some situations, you may be able to keep a harasser from frequenting your place of business.
Enforce Non-Compete Agreements
Employers may seek injunctions to prevent former employees from working for competitors for a certain period. Typically, the court only grants this type of relief when the employer and former employee have entered into an enforceable non-compete agreement during the course of employment.
Halt Environmental Damage
This type of injunction most often applies in cases of building and development contracts. In cases of environmental harm, you can use injunctions to require parties to cease certain activities that cause environmental damage.
Injunctive relief is a powerful legal tool because it can compel specific actions or prevent harmful ones. If someone violates a temporary or permanent injunction, it is usually enforceable through court sanctions. Again, courts are very cautious in granting injunctions and only issue them when the requesting party meets the necessary legal criteria.
Speak with a Contract Law Attorney Today
If you would like a skilled Orlando contract attorney to help your company obtain the relief you need to keep your business on track, call or contact BrewerLong today. Our experienced lawyers handle all types of business legal issues in addition to helping you enforce your contract rights. Schedule an appointment with one of our experienced Orlando contract law attorneys to learn more about how our team can meet your legal needs.
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