A permanent injunction is a court order issued after a full trial or default judgment, requiring a person or entity to permanently cease or perform in a certain way. They are used in civil cases as a type of equitable remedy when monetary damages are insufficient. They differ from temporary restraining orders and preliminary injunctions, and violation can result in contempt of court.
A permanent injunction, also called a perpetual injunction, is a type of order issued by a court after a full trial has been conducted on the merits of a case. Alternatively, a permanent injunction may be issued if a default judgment is given or if the opponent agrees to the injunction. A permanent injunction is typically issued for the purpose of requiring a person or entity to permanently cease acting in a particular manner. A court may also issue a permanent injunction to compel a party to perform in a certain way.
Permanent injunctions usually occur in civil cases rather than criminal cases. They are considered a type of equitable remedy and provide relief in circumstances where monetary damages are insufficient. For example, if a disgruntled employee threatens to divulge a company’s confidential information, the company can file an injunction prohibiting the employee from disclosing the information. In such a circumstance, awarding monetary compensation to the company would be insufficient and a court order prohibiting disclosure is needed to avoid harm to the company.
Permanent injunctions are different from temporary restraining orders and preliminary injunctions. Like a permanent injunction, a temporary restraining order compels a party to act in a certain way or to refrain from acting in a certain way. However, a temporary restraining order can be issued without giving the opposing party an opportunity to be heard in a case. Courts typically issue temporary restraining orders when imminent action is required to prevent one party from suffering immediate harm.
A preliminary or interlocutory injunction also requires a person or entity to perform – or stop performing – in a certain way. In essence, a preliminary injunction acts as a stop gap and is typically only valid until a court issues a final opinion in a case. Unlike a temporary restraining order, the party against whom the order is sought usually has an opportunity to be heard before a preliminary injunction is issued. Once a final judgment has been rendered in a case, a preliminary injunction can be replaced with a permanent injunction.
In general, a permanent injunction remains in effect as long as the conditions that forced it are in place. If a person violates the terms of any type of injunction, they may be considered in contempt of court. This could mean paying a fine or even spending time in jail.
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