An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails
to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to
follow the court's order. In some cases, breaches of injunctions are considered serious criminal offences that merit arrest and
possible prison sentences.
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, or an interlocutory 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.
Temporary restraints
In the United States, a temporary restraining order (TRO) may be issued on a short-term basis. A temporary restraining order
usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.
A temporary restraining order may be granted ex parte, that is, without informing in
advance the party to whom the temporary restraining order is directed. Usually, a party moves ex parte to prevent an adversary
from having notice of one's intentions. The order is granted to prevent the adversary from acting to frustrate the purpose of the
action, for example, by 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.
Apprehended Violence Order
In some parts of Australia, a court grants an apprehended violence order (AVO) to a
person who fears violence or harassment from their harasser. A court can issue an apprehended
violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence,
harassing conduct, molestation, intimidation, or stalking. If a defendant knowingly contravenes a prohibition or restriction
specified in the order, he or she can be subject to a fine, imprisonment, or both.
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.
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.
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.
Common reasons for restraining orders
See also
References
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