Whether you are trying to stop an individual or organization from doing something or to make them do something, getting an injunction from the courts is usually the most effective method. There are several different types of injunctions, and each one has its particular purpose and use based on the circumstance. Let’s take a closer look at temporary injunctions, preliminary injunctions, and permanent injunctions.

• A temporary injunction is also known as a temporary restraining order, or TRO. As its name suggests, it is a short-term action that is meant to prevent the immediate harm that is anticipated should a specific action be allowed to move forward. A TRO maintains the status quo until a more formal hearing considering a more permanent action can take place.

A TRO is generally requested and issued in the face of imminent harm. The applicant must be able to prove that if the TRO isn’t issued, something bad will happen, as well as that they have a good chance of winning the underlying case when a more formal hearing is held.

When the court considers whether to grant a TRO, they balance the potential harm to the applicant against the harm that will be caused to the opposing party if the TRO is granted. They also may consider whether the injunction will serve the public interest.

• A preliminary injunction is similar to a temporary injunction in that it is not permanent, but it is specifically in place and holds the status quo until litigation has been completed and the court makes a final decision. It is granted following a formal hearing, and as is true with a TRO, the applicant has to demonstrate a strong likelihood that the case will be decided in the applicant’s favor. Also like the TRO, the applicant must demonstrate that they will suffer irreparable harm without the injunction and that the greater harm would befall the applicant than the other party. The public interest is also considered in the decision.
• A permanent injunction is issued after a case has been heard and represents a final decision and remedy to the issue at hand, based on the evidence that has been provided to a court by both sides. When a permanent injunction is granted it means that the party that applied for it has proven that, without the injunction, they would suffer ongoing and irreparable harm and that there is no adequate remedy at law that would make up for the harm suffered. As with temporary and preliminary injunctions, the court will weigh the benefits and harms that the permanent injunction would impose on both sides and whether the injunction would harm the public interest.

If you are facing the potential for harm based on the actions of another individual or entity, an injunction can be your most potent legal tool. To explore whether it is your best next step, contact our office today to set up a time for us to meet.