What Is Injunction?
A court order requiring a party to do something or stop doing something. Unlike money damages, an injunction controls future behavior. Violating an injunction is contempt of court.
Quick Answer
A court order requiring a party to do something or stop doing something. Unlike money damages, an injunction controls future behavior. Violating an injunction is contempt of court.
Full Explanation
An injunction is an equitable remedy — a court order directing a party to act or refrain from acting in a specified way. Rather than compensating for past harm (which is what money damages do), an injunction prevents or compels future conduct.
There are three types. A temporary restraining order (TRO) can be issued on an emergency basis, sometimes without notice to the other side, and lasts only a short time (typically 14 days in federal court). A preliminary injunction lasts while the case is being litigated and requires notice and a hearing. A permanent injunction is entered as part of a final judgment after the merits have been decided.
To obtain a preliminary injunction, the moving party must typically show: (1) likelihood of success on the merits, (2) likelihood of irreparable harm without the injunction, (3) that the balance of hardships favors the injunction, and (4) that the public interest would not be disserved. 'Irreparable harm' means harm that cannot be adequately compensated by money — this is why courts rarely issue injunctions when money damages would do.
Injunctions are used in enormous variety of situations: preventing a company from using a stolen trade secret, blocking enforcement of an unconstitutional law, stopping a threatened defamation, preventing destruction of evidence, and enforcing non-compete agreements.
Violating an injunction is civil or criminal contempt of court — the violating party can be fined or jailed.
Real-World Example
A corporation discovers a former employee has taken its customer database and is about to share it with a competitor. The company rushes to court for a temporary restraining order to prevent disclosure of the trade secrets. The court grants the TRO the same day. Later, after a hearing, the court issues a preliminary injunction maintaining the prohibition while the case is litigated.
In civil rights litigation, federal courts issued sweeping injunctions requiring school districts to desegregate, requiring prison systems to improve conditions, and requiring state agencies to comply with constitutional mandates.
Why It Matters for Law Students
Injunctions are a fundamental equitable remedy and appear throughout law school in contracts, property, torts, constitutional law, and civil procedure. Understanding when courts will and will not grant injunctive relief — particularly the irreparable harm and inadequacy of legal remedy requirements — is essential.