Learn about the different types of injunctions, which are categorized by the length of time they’re in effect and the type of action they require, and the circumstances under which a judge might issue them.
What Is an Injunction?
An injunction is considered to be both an extraordinary and equitable (fair) remedy taken by a court and is intended to prevent irreparable harm that couldn’t be adequately addressed at the conclusion of a trial by a monetary judgment. An injunction is used at the discretion of a court, and the judge should carefully consider the consequences to both legal parties if the injunction is issued and if it is not. Injunctions may be issued by a federal or state court in lawsuits related to intellectual property, employment, civil rights, contracts, and commerce.
Synonym: Injunctive relief
How Does an Injunction Work? n
Rules and standards regarding the issuance of injunctions vary somewhat according to state and federal jurisdictions. The conditions under which a federal court may issue an injunction are codified in Rule 65, Injunctions and Restraining Orders, of the Federal Rules of Civil Procedure. According to Rule 65, a federal court must provide notice to the party to which the injunction applies, except for when issuing a temporary restraining order if 1) the plaintiff’s attorney has shown that the plaintiff would suffer immediate and irreparable harm before the defendant could respond to the request and 2) the plaintiff’s attorney has certified in writing their efforts to give notice to the defendant and their reasons why notice should not be required. In virtually all courts, state or federal, the plaintiff’s attorney must demonstrate irreparable harm and the inadequacy of any legal remedy in order for injunctive relief to be given. In many jurisdictions, including federal circuit and appeals courts, the court also considers the likelihood of the plaintiff’s attorney winning their case on its merits, the balance of the harm caused to the requester if the injunction is denied versus the harm caused to the defendant if it is approved, and whether the injunction would run counter to the public interest. In the U.S. Supreme Court, the plaintiff’s attorney must demonstrate irreparable harm and the inadequacy of legal remedies in order to receive a permanent injunction. The justices consider the balance of hardships faced by the plaintiff and defendant and whether public interest would be harmed by the injunction. In some state courts, certain other factors must be weighed. For example, in Minnesota, the judge must consider the status of the relationship between the two parties prior to the litigation and the administrative burden imposed on the court by supervising and enforcing an injunction.
Types of Injunctions
There are three types of injunctions that are categorized by the length of time they are in force.
Preliminary or temporary injunctions are typically issued when a case is just beginning, to prevent the defendant from continuing an action that might injure the plaintiff during the time the case is in process. It is generally enforced until the end of the trial.Temporary restraining orders (TROs) are issued for a very short time period—perhaps a maximum of 10 days—and may be issued without notifying the defendant to prevent harm to the plaintiff.
Permanent injunctions are typically issued at the end of a trial and have no set duration.
Injunctions are also categorized by the effect they have.
Mandatory injunctions require a party to take an action.Prohibitory injunctions prevent a party from taking an action.
