Is a restraining order an injunction?
Asked by: Mr. Armand Medhurst IV | Last update: February 6, 2026Score: 4.9/5 (56 votes)
Yes, a restraining order is a type of injunction, often called an "Injunction for Protection," which is a court order compelling someone to stop certain actions, like contacting or coming near another person, to prevent harm. While the terms are used interchangeably, an injunction is the broader legal term for a court order, and a restraining order is a specific application used for personal safety, preventing abuse, stalking, or violence.
What's the difference between a restraining order and an injunction?
An injunction is a broad court order to stop or start an action, often used in business or property disputes, while a restraining order (or Injunction for Protection) is a specific type of injunction focused on personal safety, preventing harassment, stalking, or violence, commonly in domestic situations; they are often used interchangeably, but restraining orders are for immediate personal protection (temporary), leading to potentially longer-term injunctions after hearings. A temporary restraining order (TRO) is an emergency, short-term order, while a permanent injunction offers long-term relief.
What is the difference between an order and an injunction?
Restraining orders are provisional measures or temporary fixes pending the final case determination. However, injunctions last for extended periods and are granted after both parties in the case have been heard.
What are the three types of injunctions?
The three main types of injunctions, categorized by timing and duration, are Temporary Restraining Orders (TROs) for immediate, short-term relief; Preliminary Injunctions to maintain the status quo during a lawsuit; and Permanent Injunctions, issued after a full trial, that last indefinitely. These court orders prevent or compel specific actions, with TROs often granted ex parte (without notice) for emergencies, while preliminary and permanent ones follow hearings and trials, requiring proof of irreparable harm.
What is an example of an injunction order?
First, an injunction is a court order delivered in a civil trial or suit. This court order stops the defendant from pursuing a certain activity. This can include constructing a new building, pursuing a business venture, or making transactions that are harmful to the plaintiff.
How can one get a restraining order? (injunctive relief)
What are the most common injunctions?
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
What grounds do you need for an injunction?
An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
What are common reasons for injunctions?
Have You Been Harmed by Any of the Following Actions?
- Breach of contract.
- Release of confidential information.
- Violation of non-compete agreement.
- Client privacy violations.
- Shareholder or partner dispute.
- Management malpractice.
- Trademark violation.
What is the difference between a preliminary injunction and a temporary restraining order?
A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days. Within that ten day period, the court must then conduct a hearing on notice to the adverse party of the plaintiff's motion for preliminary injunction.
Who can issue an injunction order?
A U.S. District Court judge issues the injunction or order under the seal of the clerk of the court.
What is better than a restraining order?
Protective orders are generally used in family law and criminal cases, often linked to domestic violence situations. They can also carry stricter enforcement measures with more severe legal consequences for violations.
Is an injunction against harassment the same as a restraining order?
A temporary restraining order is issued by the court as one step in the process that can end with an injunction, which is essentially identical to a temporary restraining order but is in effect for a longer period of time.
How powerful is an injunction?
An injunction is extremely powerful, acting as a court order compelling someone to do or stop doing specific acts, often when money isn't enough, preventing irreparable harm in areas like business, property, or personal safety (domestic violence). Its potency comes from severe penalties for violation, including fines or jail time for contempt of court, with even minor infractions requiring immediate reporting and enforcement.
What is another term for a restraining order?
synonyms: cease and desist order, enjoining, enjoinment, injunction.
What is the minimum requirement for a restraining order?
To get a restraining order, you generally need to show a close relationship (family/dating) or specific situation (neighbor/coworker), prove you've experienced abuse or credible threats (physical, sexual, stalking, harassment, financial), and provide specific details (dates, events, evidence) to a court, often receiving a temporary order quickly before a full hearing, say Self-Help Guide and WomensLaw.org.
Can you ignore an injunction?
Financial Penalties: Courts may impose monetary sanctions on those who ignore an injunction. Additional Legal Action: If a person or business continues to violate an injunction, the opposing party may pursue further legal remedies, such as requesting stronger enforcement measures.
What is an injunction hearing for a restraining order?
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
What are the disadvantages of injunction?
Injunction – Disadvantages
Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
What are the grounds for a temporary injunction?
These are:
- Any property in dispute in a suit is in danger of being wasted, damaged or alienated by. ...
- the defendant threatens, or intends, to remove or dispose of his property with a view to. ...
- the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff.
What evidence do you need for an injunction?
To get an injunction, you need evidence showing irreparable harm that money can't fix, proving you'll likely win the case (likelihood of success), that the harm to you outweighs harm to the other party (balance of hardships), and that it serves the public interest, typically backed by specific facts, dates, and evidence like texts, photos, and witness testimony.
On what grounds can an injunction be granted?
Principles Governing Grant of Interim Injunction: Following conditions must be fulfilled before grant of ad interim injunction under Order 39, rules 1& 2 CPC : (1) Prima facie case (2) Balance of convenience (3) Irreparable loss (4) Bona fide conduct of the party seeking injunction.
Why would an injunction be denied?
The most common reasons injunctions get denied are: Lack of details – If there isn't enough information about what happened, who committed the crime, and other details, the court is not likely to go through with the case. Not enough proof – The court can't decide on he said/she said cases.
What do you need to prove to get an injunction?
To get an injunction, you need evidence showing irreparable harm that money can't fix, proving you'll likely win the case (likelihood of success), that the harm to you outweighs harm to the other party (balance of hardships), and that it serves the public interest, typically backed by specific facts, dates, and evidence like texts, photos, and witness testimony.
How long do injunctions last?
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
What are the grounds for granting an injunction?
Obtaining an injunction involves a complex procedural framework. The initial burden on the applicant is to establish a prima facie case, demonstrating a serious issue to be tried. They must prove that damages alone would be inadequate and that the balance of convenience supports granting the injunction.