Injunction Relief

What is Injunction Relief?

Injunction Relief is a legal term also known as injunctive relief or, simply, injunction. It is a remedy that constrains someone from committing specific acts or, in other words, requires that a person act a certain way. Injunctions are commonly used in areas of real estate claims, breach of contract, and breach of fiduciary duty claims to protect trade secrets and intellectual property, and stop nuisances and other wrongdoings. 

Injunction relief normally comes in the form of a court order requiring another person or business either to stop or continue doing something. For example, if an employee has been found to have illegally taken information from a company, the court may order the employee to return all such assets and cease the behavior.

An application for an injunction must be supported by evidence. Such proof includes witness statements and material facts. It is typical for courts to grant injunctions only when the applicant's legal rights have been infringed upon, and monetary compensation is not enough to compensate for the wrongdoing.

Injunctions must be entirely clear for all parties, so that all sides can be aware of their rights and requirements under the injunction, and, more importantly, what violations of the injunction will mean for each party.

What are the different types of Injunctions?

Injunctions can come in four forms: Preliminary Injunction (TRO), Permanent Injunction, Mandatory, and Prohibitory. 

Preliminary injunctions, also known as a Temporary Restraining Orders (TRO), are temporary protections until the court can look closer at the act and other factors and issue something stricter. They require a court proceeding and usually notice for the other party.

Permanent injunctions are final judgments that courts impose on a party to either take action or discontinue an action in permanency or while the judgment is in effect.

Mandatory injunctions are orders to perform actions rather than discontinue what they are doing. This is also known as a positive or affirmative injunction.

Prohibitory injunctions refer to court orders that require a party to cease or discontinue a particular course of action or perform a specific act.

Conclusion

When money is not enough to compensate for wrongdoings, consider injunctive relief to protect all proprietary interests. Injunctive relief allows temporary intervention prior to final judgment on the matter.

For all legal matters, please consult the company’s Legal team before taking any action.