A temporary injunction is a court order that requires a party to act or refrain from taking certain actions until a trial on a disputed issue can be held. Its purpose is to preserve the status quo between two parties to prevent irreparable harm. Once a trial has taken place, a court can convert a temporary injunction into a permanent one.
A temporary or preliminary injunction is a court order issued to a party requiring that party to act or to refrain from taking certain actions until a trial on a disputed issue can be held. After a hearing has been conducted on the matter, if warranted, a court can make a temporary injunction permanent in nature or it can dissolve the injunction. The purpose of a temporary injunction is to preserve the status quo between two parties, so that one party does not suffer irreparable harm as a result of the actions of the other, while a decision of legal issues is pending in a court action .
For example, Smith and Jones have been adjacent landowners for many years. A stream runs through their property line which Smith used to irrigate his crops. Jones sells his property to Hadley, who proclaims to Smith one day that the stream is in fact on his property and intends to damn it the next morning. If Smith were to sue Hadley in court to determine the boundary of their property, he might have to wait several days for a final decision to be made, but in the meantime his crops would likely wither from lack of water. In this case, Smith’s legal remedy is inadequate and he could ask the court for a temporary injunction against Hadley, which would prevent Hadley from convicting the stream until the legal issues relating to the property dispute are resolved.
An injunction is characterized as just compensation, because, under certain circumstances, a party’s remedy is inadequate to prevent imminent and irreparable harm. In the example above, even if Smith were to eventually prevail against Hadley in his court case, any monetary compensation awarded would be of little use to him if he could no longer water his crops than he could. Accordingly, a party applying for a temporary or preliminary injunction must demonstrate that he has a chance of success to prevail on the merits of his claim and that he will suffer irreparable harm in the absence of the court issuing a temporary injunction.
A temporary injunction is an interim relief issued by a court to grant extraordinary short-term or temporary relief. Once a trial has taken place on the underlying dispute, a court can convert its interim order into a permanent injunction. A party who has been wronged by a permanent injunction may appeal the decision before an appellate court.
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