Dictionary:

injunction

  (ĭn-jŭngk'shən)

1. The act or an instance of enjoining; a command, directive, or order.
2. Law. A court order prohibiting a party from a specific course of action.

[Middle English injunccion, from Late Latin iniūnctiō, iniūnctiōn-, from Latin iniūnctus, past participle of iniungere, to enjoin : in-, in; see in–² + iungere, to join.]

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Judicial Remedy awarded to restrain a particular activity; first used by courts of Equity to prevent conduct contrary to equity and good conscience. The injunction is a preventive measure to guard against future injuries, rather than one that affords a remedy for past injuries.

noun

An authoritative indication to be obeyed: behest, bidding, charge, command, commandment, dictate, direction, directive, instruction (often used in plural), mandate, order, word. See over/under, words.

For more information on injunction, visit Britannica.com.

An injunction is a court order requiring a person to do, or not to do, something in order to protect another's personal or property rights. A person who violates an injunction is in contempt of court and the court may fine or imprison him. An injunction usually is issued to prohibit an action. When it is used to command a positive action, it is called a mandatory injunction.

During the 20th century, courts have used injunctions to protect and promote the civil rights of minorities, especially African Americans. For example, federal courts used injunctions to stop school district officials from continuing racial segregation in schools after the decision in Brown v. Board of Education (1954). Courts also used injunctions to take positive actions, such as redrawing school district boundaries and ordering the busing of students between districts to achieve racially mixed schools. Thus, federal injunctions have become an important way of protecting the constitutional rights of individuals against infringement by state governments.

See also Brown v. Board of Education

A court order by which an individual is required to perform or is restrained from performing a particular act. A writ framed according to the circumstances of the individual case.

An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed contrary to good conscience. It is an extraordinary remedy, reserved for special circumstances in which the temporary preservation of the status quo is necessary.

An injunction is ordinarily and properly elicited from other proceedings. For example, a landlord might bring an action for waste against a tenant in which the right to protect the landlord's interest in the ownership of the premises is at issue. The landlord might apply to the court for an injunction against the tenant's continuing harmful use of the property. The injunction is an ancillary remedy in the action against the tenant.

Injunctive relief is not a matter of right, but its denial is within the discretion of the court. Whether or not an injunction will be granted varies with the facts of each case.

The courts exercise their power to issue injunctions judiciously, and only when necessity exists. An injunction is usually issued only in cases where irreparable injury to the rights of an individual would otherwise result. It must be readily apparent to the court that some act has been performed or is threatened that will produce irreparable injury to the party seeking the injunction. An injury is considered irreparable when it cannot be adequately compensated by an award of damages. The pecuniary damage that would be incurred from the threatened action need not, however, be great. If a loss can be calculated in terms of money, there is no irreparable injury. The consequent refusal by a court to grant an injunction is, therefore, proper. Loss of profits alone is insufficient to establish irreparable injury. The potential destruction of property is, however, sufficient.

Injunctive relief is not a remedy that is liberally granted, and, therefore, the court will always consider any hardship that the parties will sustain by the granting or refusal of an injunction. The court that issues an injunction may, in exercise of its discretion, modify or dissolve it at a later date if the circumstances warrant it.

Types of Injunction

Preliminary

A preliminary or temporary injunction is a provisional remedy invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dissolution of the plaintiff's rights. The main reason for use of a preliminary injunction is the need for immediate relief.

Preliminary or temporary injunctions are not conclusive as to the rights of the parties, and they do not determine the merits of a case or decide issues in controversy. They seek to prevent threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of the parties can be ultimately settled. Preliminary injunctive relief ensures the ability of the court to render a meaningful decision and serves to prevent a change of circumstances that would hamper or block the granting of proper relief following a trial on the merits of the case.

A motion for a preliminary injunction is never granted automatically. The discretion of the court should be exercised in favor of a temporary injunction, which maintains the status quo until the final trial. Such discretion should be exercised against a temporary injunction when its issuance would alter the status quo.

Preventive

An injunction directing an individual to refrain from doing an act is preventive, prohibitive, prohibitory, or negative. This type of injunction prevents a threatened injury, preserves the status quo, or restrains the continued commission of an ongoing wrong but cannot be used to redress a consummated wrong or to undo that which has already been done.

Mandatory

The court is vested with wide discretion to fashion injunctive relief and is, therefore, restricted to restraint of a contemplated or threatened action. It might also compel affirmative performance of an act. In such a case, it issues a mandatory injunction, commanding the performance of a positive act. Since mandatory injunctions are harsh, they are not favored by the courts and are rarely granted. Such injunctions have been issued to compel the removal of buildings or other structures wrongfully placed upon the land of another.

Permanent

A permanent or perpetual injunction is one that is granted by the judgment that ultimately disposes of the injunction suit, ordered at the time of final judgment. This type of injunction must always be final relief. Permanent injunctions are perpetual, provided the conditions that produced them remain permanent. They have been granted to prevent blasting upon neighboring premises, to enjoin the dumping of earth or other material upon land, and to prevent pollution of a water supply.

An individual who has been licensed by the state to practice a profession may properly demand that others in the same profession subscribe to the ethical standards and laws that govern it. An injunction is a proper remedy to prevent the illegal practice of a profession, and the relief may be sought by either licensed practitioners or a professional association. The illegal practice of law, medicine, dentistry, and architecture has been stopped by the issuance of injunctions.

Acts that are injurious to the public health or safety may also be enjoined. For example, injunctions have been issued to enforce laws providing for the eradication of diseases in animals raised for food.

The government has the authority to protect citizens from damage by violence and from fear through threats and intimidation. In some states, an injunction is the proper remedy to bar the use of violence against those asserting their rights under the law.

Acts committed without just cause that interfere with the carrying on of a business may be enjoined if no other adequate remedy exists. A trade secret, for example, may be protected by injunction. An individual's right of personal privacy may be protected by an injunction if there is no other adequate remedy or where a specific statutory provision for injunctive relief exists. An individual whose name or picture is used for advertising purposes without the individual's consent may restrain its use. The theory is that injunctive relief is proper because of a celebrity's unique property interest in the commercial use of his or her name and likeness.

Restraining Order

A restraining order is granted to preserve the status quo of the subject of the controversy until the hearing on an application for a temporary injunction. A temporary restraining order is an extraordinary remedy of short duration issued to prevent unnecessary and irreparable injury. Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted. Unless extended by the court, a temporary restraining order ceases to operate upon the expiration of the time set by its terms.

Contempt

An individual who violates an injunction may be punished for contempt of court. A person is not guilty of contempt, however, unless he or she can be charged with knowledge of the injunction. Generally an individual charged with contempt is entitled to a trial or a hearing. The penalty imposed is within the discretion of the court. Ordinarily punishment is by fine, imprisonment, or both.

See: equity.

A court order that either compels or restrains an act by an individual, organization, or government official. In labor-management relations, injunctions have been used to prevent workers from going on strike.

Dansk (Danish)
n. - påbud, formaning, tilhold, forbud

Nederlands (Dutch)
gebod, bevel, sommering, verbod

Français (French)
n. - (Jur) injonction, (Jur) arrêt de suspension, arrêt de sursis, ordre, recommandation

Deutsch (German)
n. - Verfügung

Ελληνική (Greek)
n. - προσταγή, εντολή, διαταγή, (νομ.) προσωρινά ή απαγορευτικά μέτρα, ασφαλιστικά μέτρα

Italiano (Italian)
ingiunzione, intimazione

Português (Portuguese)
n. - injunção (f)

Русский (Russian)
предписание, судебный запрет

Español (Spanish)
n. - mandato, orden, requerimiento, entredicho

Svenska (Swedish)
n. - föreskrift, åläggande, förhållningsorder, uppmaning

中文（简体） (Chinese (Simplified))
命令, 禁令, 指令

中文（繁體） (Chinese (Traditional))
n. - 命令, 禁令, 指令

한국어 (Korean)
n. - 명령, (법정의) 금지 명령

日本語 (Japanese)
n. - 命令, 禁止命令

العربيه (Arabic)
‏(الاسم) أمر, وصيه, إنذار قضائي‏

עברית (Hebrew)
n. - ‮אזהרה, פקודה, צו בית-משפט האוסר על אדם לעשות מעשה או מחייבו לפצות צד שנפגע, זימון לבית-משפט‬

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