Injunctions (also known as restraining orders) are sought in an effort to require another party to perform or refrain from performing a specific action. In order to obtain a preliminary injunction, the party seeking it must demonstrate that compensation would be inadequate, they are likely to prevail on the merits, that there is a risk of irreparable harm/injury, and balancing the relative harms (“equities”) demands that the court grant the plaintiff an injunction. Injunctions either last for a specified amount of time, or until a case is resolved.
Our attorneys are well-versed in working with clients in California to obtain injunctions. For assistance with any issues pertaining to injunctions, contact our attorneys today for a free consultation.
Types of Injunctions
- Preliminary Injunctions: Granted in order to preserve the status quo (or prevent irreparable injury) prior to trial and do not represent a final ruling
- Prohibitive Injunctions: Prevent parties from doing something
- Mandatory injunctions: Compel parties to do something. Only granted in extreme circumstances
- Temporary injunctions: Primarily used to protect property and/or in family law cases where child protection and/or domestic violence is an issue. Notice and a hearing are required, but there are more relief options than with TROs
- Permanent injunctions: Injunctions can be made permanent at the end of trial
Seeking an injunction in the state of California is highly complex and you should work with a civil litigation attorney to assist you. In California, the following circumstances also allow you to seek injunctive relief:
- To prevent harassment
- To preserve peace and property during marital dissolution proceedings
- To preserve peace during Uniform Parentage Act proceedings
- To restrain expenditure or waste of public funds or property
- To enjoin concerted acts of violence or to prohibit unlawful violence or threats of violence in the workplace
- To restrain fraudulent conveyances
- To prohibit false advertising
- To abate a nuisance
- To enjoin waste pending foreclosure
- To prevent the use of a misleading corporate name
- In the context of the breach of a marketing contract
- To enjoin health and safety violations
- In the context of labor disputes
- To suspend the powers of the executor of a prior will
- To prevent wasteful production of natural gas
- In the context of water rights
- To prevent unfair competition
- To stay criminal conduct which is a public nuisance
- To prevent the removal of public officers
- To prevent the breach of a statutorily specified contract that is not otherwise specifically enforceable
Contact Our California Civil Litigation Attorneys Today to Find Out More
Our attorneys have a reputation for consistently delivering results for our clients. We pride ourselves on helping clients explore all possibilities and figure out the most complex of disputes. Contact us for a free consultation today to find out more about our services—we serve clients throughout the state of California.
