As a business owner, you will occasionally encounter a competitor, former employee, or other individual or entity whose actions represent a threat to your own success. If negotiations fail to resolve the situation, it may be necessary for you to obtain an injunction against them.
An injunction is a formal legal step that puts a stop to the specific actions that are causing – or that have the potential to cause – harm. In order to successfully obtain this legal order from the court, you need to be able to prove that those actions are legitimately doing damage to you or your business and that if the entity or individual is not immediately stopped, the harm that you or others will suffer would be irreparable, and worse than the damage that will be done to the defendant as a result of them having to stop whatever it is that they are doing.
Injunctions aren’t only granted to temporarily stop harmful actions until an agreement or accommodation can be reached. Injunctions can also be requested if being compensated for the damage that you are suffering will not be enough to make up for the harm done. In these cases, the stop order that has been imposed may be made permanent.
The first step in the process is to apply for a temporary injunction and to be successful it’s essential that you demonstrate that you have a good reason for filing the motion and that you are likely to win on the merits of your case. You also need to show that granting the injunction will lead to parity between the two parties, while if the injunction isn’t granted you will suffer irreparable harm greater than that which the defendant will suffer as a result of the injunction.
To make an injunction permanent you also need to show that the public interest will suffer no harm from the order being imposed.
The outcome of filing for an injunction varies depending upon the individual case and its circumstances. To determine whether an injunction is the best approach or whether another legal action is more appropriate, contact our experienced attorneys to set up a time for us to discuss your situation.