What do you need to know about an injunction?

An injunction is a court order compelling a party to do or not do a specific act or acts. Injunctions are typically used to prevent future harmful action, rather than to compensate to an injury that has already occurred. Injunctions can be temporary — such as a preliminary injunction issued…

Can a publication injunction be taken away from someone?

Your opponents passport may be taken away from him or her. These types of injunctions are usually made together with freezing injunctions on assets. A publication injunction prevents someone from publishing something about you. An application is usually made in the High Court, but sometimes they can be made in the County Court.

Can a sale carry an injunction with it?

In such a case, the sale does carry an injunction with it. An injunction may be issued against individuals, public bodies or even the State. Disobedience of the order of an injunction is punishable as contempt of court. There are three characteristics of an injunction.

How old do you have to be to file an injunction?

The type of injunction that you can file depends on your relationship with the other person and what has happened. If you are under 18 years old, ask the court clerk about an adult filing on your behalf. Do you now or have you in the past lived with the other person as if a “family”?

To prevent possible future injury to the plaintiff, the plaintiff would have to bear if the relief is refused, there are certain kinds of injunctions provided as mentioned below: What is Temporary injunction? Under the Specific Relief Act, 1963, Section 37 deals with a temporary injunction.

What happens if you breach an injunction against a business?

If any of the terms of an injunction are breached, it is potentially punishable as contempt of court and imprisonment: this fact alone demonstrates the seriousness of resorting to obtaining an injunction against another business. When would an injunction be required?

What happens if I get an injunction against a government auction?

Where to restrain any auction intended to be made or restrain the effect of any Government auction; or stay the proceedings for the recovery of any dues recoverable as revenue on land unless adequate security is provided, and any injunction order granted in breach of these provisions shall be void.

What’s the difference between a mandatory and prohibitory injunction?

An injunction is an order of the court which requires you to do or refrain from doing a specific act. The former is termed a mandatory injunction, and the latter is known as a prohibitory injunction.

How can I get an injunction against someone?

You can only get an injunction if you face irreparable harm without one. Generally, this means that money couldn’t compensate you for your injury. Common examples include: You suffer a loss that can’t be replaced. For example, someone could be threatening to knock down a building.

Which is an example of a preventative injunction?

Preventative injunctions work to address an ongoing legal wrong or prevent injury toward the plaintiff. Such injunctions can include one against a factory for polluting drinking water for locals.

What happens if you breach a civil injunction?

The courts then summon the protesters to a hearing – during which they can argue that they weren’t aware of the injunction, or that it doesn’t apply to them. Although less serious, people who breach a civil injunction can be found to be in Contempt of Court which is a criminal offence.

What do you need to know about injunctive relief?

Most often, there must be a showing of irreparable harm if the injunction is not implemented. This means that an injunction is the only thing standing between the plaintiff and substantial (usually) financial harm.

An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’ decides who can live in the family home or enter the surrounding area – this is called an ‘occupation order’

Can a victim of domestic abuse get an injunction?

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’

How can I get an injunction against my ex partner?

Legal aid is available for certain types of injunctions providing you meet the criteria but it is not available for defending against an injunction. Injunctions under the Family Law Act as described above are not only available to ex partners, there is an extensive list of people classed as relatives and cohabitants.

Can a unmarried couple apply for a common law injunction?

Unmarried couples not living together, neighbours, relatives, friends or acquaintances – can also apply for a “Common Law Injunction”. 1. Stop your opponent assaulting you or harassing you.

What can an injunction from a divorce judge do?

There are basically three types of injunctions; a temporary restraining order, a preliminary injunction, and a permanent injunction.

Unmarried couples not living together, neighbours, relatives, friends or acquaintances – can also apply for a “Common Law Injunction”. 1. Stop your opponent assaulting you or harassing you.

What are the different types of injunctive relief?

There are three types of injunctive relief: a temporary restraining order, a preliminary or interlocutory injunction, and a permanent injunction. Temporary restraining orders are addressed in a separate article in this series. This article discusses preliminary/interlocutory injunctions and permanent injunctions.

Can a company obtain an injunction against a former employee?

Thus, if a company is able to obtain an injunction against a former employee calling on certain customers, and if the company is aware that the former employee has colleagues in his new business, the company can provide the colleagues with a copy of the injunction and thereby prevent the colleagues from calling on those customers.

Can a court grant an injunction over the phone?

If it is an emergency the court may grant an injunction straight away, over the telephone. Very occasionally injunctions have been done ‘ex-parte’. This is a tactic whereby the protesters are not told that an injunction is being sought, and are not able to represent themselves before the court, even when they are aware of the situation.

How does a company get an interim injunction?

Getting an (interim) injunction The company will usually hire lawyers to apply to the court for an injunction. If it is an emergency the court may grant an injunction straight away, over the telephone. Very occasionally injunctions have been done ‘ex-parte’.

Which is the best definition of an injunction?

An injunction is a court order requiring an individual to do or omit doing a specific action.

Can a court enter a temporary injunction against you?

You don’t even get to defend yourself initially as the court has the right to enter a temporary injunction against you without your presence or ability to contest it. The Court can take the sworn complaints of this person who is mad at you and enter a Temporary Injunction against you.

What happens if a defendant fails to comply with an injunction?

An injunction is an order by a court commanding or prohibiting a specific action. If a defendant fails to abide by an injunction issued against them, they can be held in contempt of court and punished with imprisonment or fines. An injunction is an extraordinary and equitable remedy taken by a court to prevent irreparable harm to the plaintiff.

What makes an injunction an extraordinary and equitable remedy?

An injunction is considered to be both an extraordinary and equitable (fair) remedy taken by a court and is intended to prevent irreparable harm that couldn’t be adequately addressed at the conclusion of a trial by a monetary judgment .

An injunction is a Court Order that either prohibits a person from doing something or requires a person to do something. First an interim (or temporary) injunction will be obtained which usually lasts until the trial or next Court Order is delivered.

Can a court award damages instead of an injunction?

Where damages are awarded instead of an injunction there are a number of ways in which the amount due can be valued and this is very much at the discretion of the Court. For example, the Court might award compensatory damages based on the reduction in the value of your property.

What happens when a court denies an injunction?

Denials of injunctions happen all the time. An injunction is an order from the court to either stop someone from doing something or to make them do something. Typically, an injunction is sought by one party for protection against another party. A court may grant or deny injunctions at any stage of litigation.

Can you get an injunction if you are not an owner?

If you are not an owner of the property in which you live, and even if you have not paid towards the cost of the property, you may still be able to obtain an order that says that you are entitled to live there. You may have “matrimonial rights” or other rights to occupy it.

What is the definition of an injunction against harassment?

What is an injunction against harassment? An injunction against harassment (IAH) is a civil order that can be issued against someone who is harassing or abusing you (i.e., neighbors, friends, landlords, etc.) except it can not be issued against someone who you are/were related to, married to, intimately involved with, or lived with.

Can you get an injunction from the Crown Court?

In the Crown Court, someone might be sentenced up to 5 years in prison and/or be given a fine for an unlimited amount. Alternatively, you might apply for an anti-harassment injunction from the civil courts such as the County Court. This allows you to claim compensation personally for distress or financial loss.

The party applying for the injunction must have “clean hands” (i.e. they must have acted properly themselves). 1 Any delay in applying for an injunction can damage seriously the prospects of obtaining one; and 2 The party applying for the injunction must have “clean hands” (i.e. they must have acted properly themselves). More …

What makes an injunction an equitable remedy?

An injunction is an equitable remedy, which means that: ii. An injunction is subject to the usual equitable rules, in particular: The party applying for the injunction must have “clean hands” (i.e. they must have acted properly themselves).

How is an injunction a discretionary remedy?

Injunctions are a discretionary remedy An injunction is an equitable remedy, which means that: The Court is never obliged to grant an injunction and will use its discretion to only grant an injunction where it appears to be just and convenient to do so; ii. An injunction is subject to the usual equitable rules, in particular:

Can a person be held in contempt of court for breaching an injunction?

A party who breaches an injunction can be held in contempt of Court which in some circumstances can lead to imprisonment. When can a party seek an injunction? An application for an injunction can be made before or after Court proceedings have begun.

What can I do with an anti harassment injunction?

Alternatively, you might apply for an anti-harassment injunction from the civil courts such as the County Court. This allows you to claim compensation personally for distress or financial loss.

How old do you have to be to apply for an injunction?

If you’re under 16 you’ll need permission to apply from the High Court. If you’re 16 or 17 you’ll need to appoint a ‘ litigation friend ’ to represent you in court – this is usually a parent, family member or close friend.

Why was the inherent jurisdiction injunction put in place?

The inherent jurisdiction injunction was fixed by the judge to run for the child’s minority and there is no reason why it would have been, or should have been, discharged or superseded if a non-molestation order had also been imposed.

How to file for a dating violence injunction?

To petition the court for a dating violence injunction you must have: Dated the other person during/over the last six (6) months. Had an expectation for continued affection and sexual involvement with the other person during that time. Interacted with the other person frequently and continuously during the relationship.

Can a civil court pass an order of temporary injunction?

Therefore, there cannot be any doubt that if need arises to enforce an order of temporary injunction a civil Court can always pass an order under Section 94 (e) of CPC (besides Section 151 of CPC) directing the local police to give protection to the party who is threatened in spite of the Court order.

What happens if you get an injunction for protection?

Just know that injunctions for protection can have serious consequences. So DO NOT agree to an injunction just to make it go away. And going to court without an attorney on these is not advisable. Due to busy dockets, judges can be tempted to sign off on an agreement between the parties when it is not obviously unfair.

How are civil injunctions used in domestic violence cases?

Restrain the respondent from committing any acts of domestic violence; Award you temporary exclusive use of the home; Address issues related to support and timesharing with children; Order the respondent to participate in a batterer’s intervention course; Require the respondent to surrender weapons to law enforcement.

What do I need to file for an injunction?

A request for an injunction must be filed with the clerk of court and must state why you are filing. If you are seeking an injunction, you need to file a request, called a Petition for Injunction for Protection Against Domestic Violence, with the clerk of court.

Can a person with an injunction on their record possess a firearm?

Not being able to possess a firearm or ammunition ( § 790.233, Florida Statutes, says that people who have injunctions on their record may not possess a firearm or ammunition);

What did Goulding and Goulding mean by injunctions?

Later, Goulding & Goulding (1979) defined an injunction as “messages from the hild Ego State of Parents, given out of the parents’ own pains, unhappiness, anxiety, disappointment, anger, frustration, secret desires.” (p.34).

Can a person be granted an injunction in Australia?

It was affirmed in Australian Broadcasting Corporation v O’Neill [2006] HCA 46 that to be granted an injunction on an interlocutory basis, the applicant is required to establish: the balance of convenience favours granting an injunction.

When does a Canadian court grant a permanent injunction?

A permanent injunction is a remedy that can be granted after trial, once the court has heard all the evidence and concluded that the defendant has infringed the plaintiff ‘s intellectual property rights. Canadian courts have usually been inclined to grant permanent injunctions to remedy infringement of intellectual property rights.

Can a court grant injunctive relief under an injunction clause?

No ticket to injunctive relief. Courts examining injunction clauses have made clear that these provi- sions cannot guarantee an automatic injunction. To begin with, the contracting parties have no right to decide whether to grant injunctive relief. Rather, that decision lies within the court’s discretion.

Can a Provi-Sion guarantee an automatic injunction?

Courts examining injunction clauses have made clear that these provi- sions cannot guarantee an automatic injunction. To begin with, the contracting parties have no right to decide whether to grant injunctive relief. Rather, that decision lies within the court’s discretion.