Why do judges issue injunctions?
Asked by: Zita Kuhic | Last update: February 7, 2026Score: 5/5 (29 votes)
Judges issue injunctions to prevent irreparable harm by ordering someone to stop (prohibitory) or do (mandatory) a specific act, especially when money isn't enough, preserving the status quo in ongoing disputes like divorce, business conflicts, or to protect rights against harassment, stalking, or government overreach, acting as a vital tool in ensuring justice beyond simple monetary compensation.
What does it mean when a judge issues an injunction?
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
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 purpose of an injunction?
Thus, an injunction is a specific legal order of the court issued to prevent a wrongful act or the commencement of a wrongful act until the disposal of the case. It can be issued at any stage of the case upon an application to grant an injunction order against the other party.
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.
Newsmaker Clip: Should Judges be Allowed to Issue Nationwide Injunctions?
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 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 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.
When may an injunction be granted by the court?
Grant of injunction is within the discretion of the court and such discretion is to be exercised in favour of plaintiff only if it is proved to the satisfaction of the court that unless defendant is restrained by an order of injunction, an irreparable injury be caused to plaintiff.
What happens after you file an injunction?
After a motion for a preliminary injunction has been filed, the court will often hold a hearing to determine whether to issue it. The preliminary injunction hearing can serve as a “mini-trial” on the merits of the plaintiff's case, albeit on an expedited basis with limited evidence.
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 is the burden of proof for 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.
Can you fight an injunction?
Defending Against an Injunction
Filing or responding to an injunction typically requires clear evidence, such as written accounts, supporting documents, or witness testimonies. Those filing for an injunction must convince the court that harm is likely without immediate action.
What types of behavior do injunctions prohibit?
What types of behavior do injunctions prohibit? Injunctions can be used to prevent someone from doing things like harassment, stalking, or violating someone's rights. People can get injunctions to stop harm to property or the environment.
What happens after an injunction?
"When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
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.
Is an injunction a final judgment?
A permanent injunction is granted as part of a final judgment. To obtain an injunction, plaintiffs must show that they have suffered irreparable harm, that legal remedies such as monetary damages are inadequate, that the balance of hardships favors them, and that the injunction would not disserve the public interest.
What are the three principles of injunction?
While drafting Civil Suits of any kind as well as while seeking certain reliefs even in Writ matters, we often use the three principles of grant of injunction i.e. 'Prima Facie' case, 'Irreparable Injury' and 'Balance of Convenience' to convince the concerned court to either grant an interim injunction during the ...
What happens if an injunction is granted?
An injunction is an order granted in court by a judge for a specific amount of time. An injunction contains a list of behaviours, prohibitions and orders that the defendant (person the injunction is against) must keep to.
What is the most common injunction?
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.
When can an injunction be granted?
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
What happens if an injunction is violated?
The crime of violating an injunction against harassment is a misdemeanor. If the harasser is convicted, the judge may sentence him/her to appropriate counseling. If s/he is convicted more than once, s/he may have to go to jail. Whether or not the respondent is arrested, the police may file a report.
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.
In which situation would a suit for injunction be most appropriate?
The petitioner has a strong prima-facie case, which has the potential to succeed. The balance of the convenience or that of inconvenience is in favour of the petitioner, Non-granting of a temporary or permanent injunction would force the petitioner to suffer an irreparable damage.
How many injunctions did Trump have?
According to the Department of Justice, federal courts issued 20 nationwide injunctions against the first Trump Administration in its first year alone, and as of early 2020 had issued 55 such injunctions. Within three weeks of President Trump's inauguration, Judge James L.