Injunctions

Injunctions

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

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