Legal Definitions - injunction

An injunction is a court order that requires a person to either do or stop doing a specific action. There are three types of injunctions: permanent, temporary restraining orders, and preliminary injunctions.

A TRO is a short-term measure that can be issued by a federal courtwithout notice to the opposing party. It is in effect until the court can issue something more enduring, such as a preliminary injunction. For example, a TRO can be issued to prevent contact between parties where the defendant's actions could seriously harm the plaintiff.

A preliminary injunction is slightly more enduring than a TRO and requires a court proceeding and usually requires notice to the opposing party. In determining whether to grant or deny a preliminary injunction, the court generally looks at several factors, including the plaintiff's likelihood of prevailing on the merits, a showing of irreparable injury to the plaintiff if relief is not granted, and the balancing of equities.

A permanent injunction is issued as a final judgment in a case where monetary damages will not suffice. To seek a permanent injunction, the plaintiff must pass a four-step test, including showing that the plaintiff has suffered an irreparable injury, that remedies available at law are inadequate to compensate for the injury, that the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant, and that the permanent injunction being sought would not hurt public interest.

In 1973, the Supreme Court issued a permanent injunction in the case of Roe v. Wade, which prevented states from banning abortions. This is an example of a permanent injunction because monetary damages would not suffice to protect the plaintiff's rights.

Another example of an injunction is a TRO issued by a federal court in 1981 against the Los Angeles Unified School District to stop the district's plans to dismantle an organized busing plan, fearing that the school district's plans would harm the students.

These examples illustrate how injunctions can be used to protect individuals' rights and prevent harm from occurring.