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
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An injunction is a court order that compels a party to do or refrain from specific actions. It’s often used as a preventive measure in cases where irreparable harm could occur.
The main types are temporary restraining orders, preliminary injunctions, and permanent injunctions. Each serves a different purpose and has its own set of criteria for issuance.
To file for an injunction, you must submit a petition to the court, detailing why the injunction is necessary. You’ll often need to prove that you will suffer irreparable harm without it, among other criteria.
Yes, injunctions can usually be appealed, but the process is time-sensitive and often requires the expertise of an attorney familiar with appellate practice and the specific area of law involved.
Violation of an injunction is generally considered contempt of court and can result in fines, imprisonment, or other penalties, depending on the jurisdiction and nature of the violation.
Note: This FAQ is for informational purposes only and should not be considered as legal advice. Always consult with a qualified attorney for your specific legal needs.