The injunctive relief is also known as “injunction” which is a legal remedy that may become under the civil lawsuit, at the time of monetary damage. In general injunctive relief is a court order for the defendant just to stop the behavior or specified act rather than offering the money as a payment for the wrong civil action. For example, if someone wants another entity or person to stop doing some action then he may file a civil lawsuit requesting injunctive relief. Where the case file hearing will be held in the court and both parties will make their case before the judge and when the injunctive relief is granted the court issues an order to the person prohibiting the behavior or specified act. Generally, the injunctions are awarded and sought when a monetary award amount cannot compensate for the wrong actions.
Types Of The Injunctive Relief And How It Works
In the legal process of the lawsuits, there are different types of injunction that may be issued at different stages in the case in which the primary difference in the different types of injunctive relief is that degree of permanency. If a judge who is reluctant to issue the permanent injunction may be also willing to offer the preliminary or temporary injunction by maintaining the status quo just to hear the rest of the progress in the case. The following are the three types of injunctive relief. They are.
1. Preliminary Injunctive Relief – It provides safety similar to the short-term restraining order but unlike the ex-parte restraining order then temporary restraining will be held in the court. This injunctive relief commonly stops the specified action until the matter is settled in the court hearing.
2. Permanent Injunctive Relief – Permanent relief refers to the temporary injunction which means the case is sought in the final judgment in court lawsuits. In such a case, the injunction turns into a permanent one and it is an effective one for the enjoined group unless the modification is settled from the court at some point in time in the future.
3. Temporary Restraining Order – It is an urgent situation the injunction can help you to make sure the individual demanding the injunctive help is protected from the actions of another person. This is an ex-parte preceding that requests the restraining order made without the knowledge of the other party and denied or issued by the judge without hearing the case. This case lasts usually 10 days or more depending on the nature of the parties and complexity of the case.
4. In the above three processes of injunctive relief, the judge will not directly involve or provide the judgment in the preliminary injunction but in the short-term restraining order the judge will be hearing the case and he determines whether the injunctive time period can be extended or not. Compared to the three injunctions the permanent injunction is found to be the best option in which once the temporary restraining order is produced it can be changed t permanently by the judge where the judge has this power.
References:
1. https://tremblylaw.com/4-common-examples-injunctive-relief-2/
2. https://www.contractscounsel.com/b/injunctive-relief
Last Updated on January 29, 2022 by
Magalie D. is a Diploma holder in Public Administration & Management from McGill University of Canada. She shares management tips here in MGTBlog when she has nothing to do and gets some free time after working in a multinational company at Toronto.
