A court-ordered injunction is a decree that compels or prevents an action, often temporary, until a court decision is made. It can be issued to any legal entity and violating it can result in penalties ranging from fines to imprisonment. Examples include preventing the sale of property in a contested will case or enforcing visitation rights in a divorce decree. The penalty for violating an injunction varies based on the court and the nature of the violation.
A court-ordered injunction is a decree issued by a recognized court that compels someone to take an action or prevents someone from taking an action. The issuing judge must have jurisdiction over the obligated or impeded party and must also have jurisdiction over the action or actions involved. Injunctions can be applied to any entity with legal personality. These are often temporary measures, effective pending the resolution of a court case. Violating this injunction can result in different penalties, from fines to imprisonment, depending on the situation.
Often a court-ordered injunction is issued to prevent a party from committing an act until a court decision is made. An example would be preventing the beneficiary of an contested will from selling property until the contest has been heard. Another could be preventing a custodial parent or spouse from allowing a medical procedure or ending a life support agreement until a revised custody petition is heard.
In other cases, however, a court-ordered injunction compels a party to bring an action. This could include releasing documents or funds to a third party or someone who has a legal right to the data or money. Sometimes such injunctions simply enforce an existing court order or decree. For example, one parent may be required to honor visitation rights granted to the other parent by a divorce decree.
Most courts, whether criminal or civil, can issue court-ordered injunctions, provided they have jurisdiction over both parties and the actions involved. This means that a criminal court cannot issue an injunction in a civil case, even if it has geographic jurisdiction over the party involved. Similarly, a local court cannot issue an injunction in a federal case. Injunctions involving foreign nationals can get quite complex and depend on the circumstances of the situation.
Any legal entity can be involved in a court-ordered injunction. This includes individuals, businesses, corporations and formal organisations. It also includes government entities, such as cities, towns, police departments, and more.
The penalty for violating a court-ordered injunction varies based on the court involved and the nature of both the injunction and the violation. Minor violations that are not repeated may result in a warning, but will likely result in a fine and/or community service award. More serious violations, or those committed by repeat offenders, can result in large fines, loss of rights or property, and even prison time.
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