injunction

A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. A prohibitive, equitable remedy issued or granted by a court at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter from doing some act which he is threatening or attempting to commit, or restraining him in the continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action at law. A judicial process operating in personam, and requiring person to whom it is directed to do or refrain from doing a particular thing. Gainsburg v. Dodge, 193 Ark. 473, 101 S.W.2d 178, 180.

Generally, it is a preventive and protective remedy, aimed at future acts, and is not intended to redress past wrongs. Snyder v. Sullivan, Colo., 705 P.2d 510, 513. Fed.R.Civil P. 65.

See also temporary restraining order

@ interlocutory injunction

Interlocutory injunctions are those issued at any time during the pendency of the litigation for the short-term purpose of preventing irreparable injury to the petitioner prior to the time that the court will be in a position to either grant or deny permanent relief on the merits. In accordance with their purpose, interlocutory injunctions are limited in duration to some specified length of time, or at the very outside, to the time of conclusion of the case on the merits. Within the category of interlocutory injunctions there are two distinct types which must be considered individually.

The first is generally referred to as a preliminary injunction, and includes any interlocutory injunction granted after the respondent has been given notice and the opportunity to participate in a hearing on whether or not that injunction should issue.

The second is generally referred to as a temporary restraining order, and differs from a preliminary injunction primarily in that it is issued ex parte, with no notice or opportunity to be heard granted to the respondent. Temporary restraining orders supply the need for relief in those situations in which the petitioner will suffer irreparable injury if relief is not granted immediately, and time simply does not permit either the delivery of notice or the holding of a hearing. Fed.R.Civil P. 65.

See also injury (irreparable injury)

- temporary restraining order.

@ mandatory injunction

One which:

(1) commands the defendant to do some positive act or particular thing;

(2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or

(3) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually compelling him to undo it.

@ permanent injunction

One intended to remain in force until the final termination of the particular suit.

@ perpetual injunction

An injunction which finally disposes of the suit, and is indefinite in point of time. Preliminary injunction. An injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perpetual, according to the result of the controversy, as soon as the rights of the parties are determined. Fed.R. Civil P. 65.

@ preventive injunction

One which prohibits the defendant from doing a particular act or commands him to refrain from it. Prohibitory injunction. An order of a court in the form of a judgment which directs one not to do a certain thing; sometimes called a restraining order.

See restraining order. provisional injunction.

Another name for a preliminary injunction or temporary injunction or an injunction pendente lite.

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- restraining order

- temporary restraining order.

@ temporary injunction

A preliminary or provisional injunction, or one granted pendente lite; as opposed to a final or perpetual injunction. A provisional remedy to preserve subject matter of controversy pending trial. Electronic Data Systems Corp. v. Powell, Tex.Civ.App., 508 S.W.2d 137, 139.

It is one which operates until dissolved by interlocutory order or until final hearing on matter. Brines v. Mcllhaney, Tex., 596 S.W.2d 519, 523.

See also temporary restraining order; injunction; preliminary injunction)

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