An injunction is a court order directing a person or company to do a certain act or prohibiting the person or company from doing a certain act.

What standards does a court use in deciding whether to issue an injunction?

An injunction is considered an extraordinary remedy, and the court has discretion in deciding whether to issue an injunction. In order to obtain an injunction, the plaintiff (the party suing) must show that (1) there is no adequate remedy at law or that irreparable harm will occur; (2) the potential harm to the plaintiff outweighs any harm the injunction may cause the defendant (the party being sued); (3) the plaintiff has a reasonable likelihood of winning the case on the merits; and (4) granting the injunction is not against the public interest.

Are there any defenses to injunctive relief?

The defendant could raise two affirmative defenses to the plaintiff's request for an injunction. One defense is called "laches." If the plaintiff waits a long time before asserting his/her claim, especially if the delay has hurt the defendant, injunctive relief might be barred by laches. The other defense is called "unclean hands." If the plaintiff has been guilty of wrongful conduct relating to the matter being litigated, the plaintiff is considered to have come to court with unclean hands; the court will probably not issue an injunction.

What is a temporary restraining order?

A temporary restraining order is a court order that is designed to restrain the defendant until the court has an opportunity to rule on the application for a temporary or preliminary injunction.

What is a temporary or preliminary injunction?

A temporary or preliminary injunction is a court order that is used to preserve the status quo until the court can make a final decision in the case.

What is a mandatory injunction?

A mandatory injunction is a court order that requires a person or company to perform a specific act in order to undo the alleged harmful conduct.

What is a prohibitory injunction?

A prohibitory injunction is a court order that forbids a person or party from continuing a wrongful act.

What is a permanent injunction?

A permanent injunction is a final order of the court that directs a person or company to refrain from certain activities permanently or to take certain corrective actions.

How does the court enforce an injunction?

The court can punish a party who disobeys an injunction order by contempt. The court can commit the party to prison until he/she complies with the court's order or the court may fine the party. The fine is paid to the plaintiff to compensate him/her for the effects of the noncompliance.

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