Question: Why Would Someone File An Injunction?

What does it mean to file an injunction against someone?

An injunction is a court order sometimes called a “Restraining Order” that directs a person not to have any contact with you.

It is one legal means of helping to protect a person from threats or acts of violence by another person..

What is the difference between a restraining order and an injunction?

Limited in their duration and effect, “restraining orders” are distinguished from the more lasting form of court intervention called an “Injunction.” Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.

Who can grant an injunction?

Section 55 enables the issuance of an injunction to prevent the breach of an obligation and to compel performance of acts which are necessary to prevent such breach. A court can grant a mandatory injunction when an unlawful act obstructs the proper enjoyment of the plaintiff’s right of property.

Is an injunction a remedy?

12.120 In some cases, a final and permanent injunction may be sought at the trial of the action. … However, in most privacy cases, the most significant remedy will be an interlocutory injunction to prevent a threatened invasion of privacy—such as the broadcast or publication of private information.

How do you get a civil injunction?

The injunction is a civil order which is available in the county court for adults and in the youth court for juveniles under 18. To obtain an injunction the court must be satisfied that an individual has engaged in, or threatens to engage in, conduct capable of causing nuisance and annoyance.

What happens after an injunction?

“When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers.” A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.

How does an injunction affect you?

The entry of an injunction will prohibit the Respondent from engaging in certain conduct that impacts co-parenting. For example, an injunction may prevent the parents from communicating directly with each other or may prevent them from being in the same location together.

Why would someone get an injunction?

As well as protection against violence, threats or harassment, injunctions can be used to give you the right to stay in the family home (for example, if your partner is not letting you in) and to order your partner (or other family members) to keep away.

What evidence do you need for an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

What does an injunction mean?

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.

How long does an injunction last?

If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party’s request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).

What is an example of an injunction?

Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.