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An injunction is an equitable remedy in the form of a court order that either prohibits or compels ("restrains" or "enjoins") a party from continuing a particular activity. The party that fails to adhere to the injunction faces civil or criminal contempt of court and may have to pay damages or sanctions for failing to follow the court's order. In some cases breaches of injunctions are considered as serious criminal offences that merit arrest and possible prison sentences. A restraining order is a type of injunction. Wikipedia does not have an article with this exact name. ... Wiktionary is a Wikimedia Foundation project intended to be a free wiki dictionary (hence: Wiktionary) (including thesaurus and lexicon) in every language. ... For the actors guilds called equity, see Actors Equity Association (U.S.) or British Actors Equity Association (U.K.). For equity as the value of an ownership interest in property, see ownership equity. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

Basis of injunctions

At the core of injunctive relief is a recognition that monetary damages cannot solve all problems. An injunction may be permanent or it may be temporary. A preliminary injunction is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. It is usually necessary to prove the high likelihood of success upon the merits of one's case and a likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to obtain a permanent injunction. An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... Provisional Remedy is a temporary order made by a judge or an arbitrator to preserve the status quo between disputing parties until final disposition of a matter can occur. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ...

Temporary restraints

In United States law, a temporary restraining order (or TRO) may be issued on a short-term basis. TROs usually last for 10 days, then automatically expire. During that time, the court decides whether to issue a preliminary injunction. Thus, the relationship between a TRO and a preliminary injunction is the same as the relationship between a preliminary injunction and a permanent injunction. In very rare cases a TRO may be granted ex parte, i.e. without informing in advance the party to whom the TRO is directed. Usually such ex parte orders are of a short term and are to prevent one's adversary from having notice of one's intentions. Such notice may prohibit the eventual object of the application for an injunction from doing something that would make the court's granting of an injunction fruitless, such as wasting or hiding assets (as often occurs in dissolution of marriage) or disclosing a trade secret that had been the subject of a non-disclosure agreement. The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... Ex parte is a Latin legal term meaning from (by or for) one party (pronounced ekss par-TAY or ekss par-TEE, although the proper Latin is Eks PAR-teh). An ex parte decision is one decided by a judge without requiring the plaintiff to be present. ... Divorce or dissolution of marriage is the ending of a marriage, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... A non-disclosure agreement (NDA), also called a confidential disclosure agreement (CDA), confidentiality agreement or secrecy agreement, is a legal contract between at least two parties which outlines confidential materials or knowledge the parties wish to share with one another for certain purposes, but wish to restrict from generalized use. ...

Apprehended Violence Order

In some parts of Australia, an Apprehended Violence Order (AVO) is a court order taken out by a person who fears violence or harassment from their harasser. A court can issue an AVO if it believes, on the balance of probabilities, that a person has reasonable grounds to fear a personal violence offence against them, harassing conduct, molestation, intimidation, or stalking. If a defendant knowingly contravenes a prohibition or restriction specified in the AVO, they can be subject to a fine, imprisonment, or both. Violence refers to acts of aggression and abuse which causes or intends to cause criminal injury or harm to persons, and (to a lesser extent) animals and property. ... Molestation is a commonly used synonym for general sexual abuse. ... For other uses, see Stalking (disambiguation). ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...

Rationale behind injunctions

This injunctive power to restore the status quo ante; that is, to make whole again someone whose rights have been violated, is essential to the concept of fairness (equity). For example, money damages would be of scant benefit to a land owner who wished simply to prevent someone from repeatedly trespassing on his land. The ability of the landowner to use the courts to sue the trespasser for injunctive relief is often the only practical way to end the trespass (the government may or may not bring criminal trespass charges at the landowner's urging; the civil power is in the landowner's own hands). Once the order is secured, the trespasser violates it at his own peril, risking fines and imprisonment for contempt of court. Status quo ante is a Latin term meaning, the state of things as it was before. ... A sign warning against trespassing In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

Courts may also issue mandatory injunctions, also called mandatory orders, i.e. equitable relief to compel a person to do a specific act or acts or follow a course of conduct; though in some jurisdictions courts will not issue mandatory orders that require judicial oversight to ensure compliance with the judge's order.

Injunctions in U.S. labor law context

After the United States government successfully used an injunction to outlaw the Pullman boycott in 1894 in the case of In re Debs, employers found that they could obtain federal court injunctions to ban strikes and organizing activities of all kinds by unions. These injunctions were often extremely broad; one injunction issued by a federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contracts with their employers. The government of the United States, established by the United States Constitution, is a federal republic of 50 states, a few territories and some protectorates. ... This article or section is missing references or citation of sources. ... 1894 (MDCCCXCIV) was a common year starting on Monday (see link for calendar). ... Court membership Case opinions In re Debs 158 U.S. 564 (1895) was a United States Supreme Court decision handed down concerning Eugene V. Debs and labor unions. ... The term federal court, when used by itself, can refer to: Any court of the national government in a country that has a federal system such as that of the United States (United States federal courts) or Mexico In some countries, a particular court, for example, the Federal Court of... The examples and perspective in this article or section may not represent a worldwide view. ... United Mine Workers of America seal The United Mine Workers (UMW or UMWA) is a United States labor union that represents workers in mining. ... A Yellow Dog contract is a legal contract or agreement made between an employer and an employee, wherein the employer agrees to employ the employee, and in exchange the employee agrees not to join or associate with a labor union. ... A contract is a promise or an agreement that is enforced or recognized by the law. ...

Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the U.S. Congress in 1932 to pass the Norris-LaGuardia Act, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions as to effectively prohibit all federal court injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which a party seeks injunctive relief to enforce the grievance arbitration provisions of a collective bargaining agreement. Congress in Joint Session. ... The Norris-LaGuardia Act (Sen. ... A grievance is a formal statement of complaint, generally against an authority figure. ... Arbitration is a final and binding dispute resolution process. ... Collective agreement is a labor contract between an employer and one or more unions. ... Look up Agreement in Wiktionary, the free dictionary An agreement may be an agreement in beliefs, rules, practices (policies), or conduct. ...

Common reasons for restraining orders

• stalking
• domestic violence
• harassment
• Physical/Sexual abuse of some type

For other uses, see Stalking (disambiguation). ... This article or section does not cite its references or sources. ... Harassment refers to a wide spectrum of offensive behavior. ... Physical abuse is abuse involving contact intended to cause pain, injury, or other physical suffering or harm. ... This article or section does not cite its references or sources. ...

See also

• Anti-social behaviour order (UK)
• Lawburrows (Scotland)
• Mareva injunction

In the United Kingdom an Anti-Social Behaviour Order (ASBO (pronounced az-bo)) is a civil order made against a person who has been shown to have engaged in conduct which caused or was likely to cause alarm, harassment or distress to one or more persons not of the same... Lawburrows is a little-known civil action in Scots law initiated by one person afraid of anothers possible violence. ...

References