Injunctions are court orders that require a specific action to be taken or stopped. They can be temporary, preventive, mandatory, or permanent, and are decided on a case-by-case basis. Violating an injunction can result in punishment for contempt of court.
Injunctions are clauses put in place by a court which requires that a specific action or act be stopped, or requires a certain act. There are several common types, generally categorized according to the required or imposed requirement and how quickly it is required. They are decided judiciously and depend on the facts of each specific situation or instance. If an injunction is violated, the offender may be considered in contempt of court and will be punished accordingly. The most common types of injunctions are temporary, preventive, permanent, and mandatory.
A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. This type of injunction can be invoked as an interim remedy to preserve the item. It is often used to protect the rights of one of the parties involved. Interim or preliminary injunctions do not decide the issues or merits of a case.
In the case of the rights of a plaintiff or a party, a temporary injunction is not conclusive or decisive. If rights have been infringed, a preliminary injunction can halt progress to prevent further injustice. At the point of a temporary injunction, the court looks at the current state and circumstances before moving forward into an area that would impede the rights of the parties involved. The use of this injunction is generally considered appropriate only in extraordinary situations.
Preventive injunctions require an individual to refrain from performing a certain act. It can also be referred to as prohibitive, negative, or prohibitive. Prohibitive injunctions preserve the status quo and prevent a party from doing harm or wrong. These writs cannot be used to address a fait accompli or indiscretion.
A mandatory injunction, like a temporary injunction, provides relief and may prevent injurious action or enforce or request action. Normally, a compulsory injunction requires a positive deed or performance of some kind. Courts are generally reluctant to impose harsh writs, and mandatory injunctions are rarely granted.
Finally, a permanent injunction, sometimes known as a perpetual injunction, is an injunction of final relief. They are granted at the time of the final decision of the court. The perpetual injunction remains as long as the conditions that were in effect at the time remain constant. A permanent injunction is often ordered for cases involving laws or ethical standards.
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