Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
Injunctive relief. A court order to stop doing a particular act. Synonyms: Injunction.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted.
The injunctive relief clause is a contractual provision that allows a party to seek a court-ordered injunction to prevent the other party from engaging in specific actions that could cause irreparable harm.
In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract.
You can also contact the courthouse directly where you wish to file an injunction to ask if they have a form for you to use, or if you have to draft your own injunction. Court have some forms for people to use, but there are several court filings that a form is not provided for.