What is an Injunction

An injunction is a court order requiring a party to do something or refrain from doing something, used to prevent harm when money damages would be insufficient.

An injunction is a court order that requires a party to either do something (mandatory injunction) or stop doing something (prohibitory injunction). Courts issue injunctions when monetary damages alone are not an adequate remedy — typically when the harm is ongoing, imminent, or irreparable. Violating an injunction can result in contempt of court, which carries fines or imprisonment.

Types of Injunctions

Temporary Restraining Order (TRO)

Issued on an emergency basis, sometimes without notifying the other party
Very short duration — typically 14 days (federal) or until a hearing can be held
Used to maintain the status quo and prevent immediate irreversible harm

Preliminary Injunction

Issued after a hearing where both parties can present arguments
Lasts throughout the litigation pending a final decision
Requires showing: (1) likelihood of success on the merits, (2) irreparable harm, (3) balance of harms favors injunction, (4) public interest is served

Permanent Injunction

Issued after a full trial on the merits as part of the final judgment
Permanently prohibits or requires certain conduct

When Injunctions Are Used

Intellectual property — Stopping a competitor from using a stolen trade secret
Non-compete agreements — Preventing an employee from working for a competitor
Domestic violence — Restraining orders preventing contact
Environmental law — Stopping construction that would damage protected land
Corporate law — Halting a hostile takeover or stock offering
Free speech cases — (Rarely — injunctions against speech are "prior restraints" that face high constitutional hurdles)

Requirements for an Injunction

Courts typically require the requesting party to show:

Irreparable harm — Money cannot adequately compensate the damage
Likelihood of success — Strong case on the underlying legal claim
Balance of hardships — Harm to the plaintiff outweighs harm to the defendant
Public interest — The injunction serves rather than harms the public

Injunction vs. Restraining Order

In common usage, these terms are often used interchangeably. Technically, a restraining order typically refers to an order in domestic/family cases, while injunctions are broader civil court orders.