Difference Between Temporary Injunction And Stay Order In Mecklenburg
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An injunction is a legal ruling by a judge that mandates an individual or other entity to either stop or start some action. The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court , which in turn may result in either criminal or civil liability .
Restraining orders are provisional measures or temporary fixes pending the final case determination. However, injunctions last for extended periods and are granted after both parties in the case have been heard.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
The purpose of the injunction or temporary restraining order is to prevent one person from contacting the other, either in person or online. A restraining order is a temporary court order, while an injunction is long-lasting and possibly permanent.
Injunction – Disadvantages Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
Insofar as there is a difference between the two concepts, I agree with the Court that it boils down to this: “A stay 'simply suspends judicial alteration of the status quo,' ” whereas an injunction “ 'grants judicial intervention that has been withheld by lower courts.
Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.
