Injunctions can be granted by courts to prevent harm to the plaintiff’s interests. Injunction bonds can cover various types of injunctions and are available from surety bond and insurance companies. The amount of bail required varies by jurisdiction and is set by the presiding judge. Plaintiffs can apply for a bond online or with an agent.
Courts may require a plaintiff to secure an injunction if an injunction is wrongful or false and suffers damages as a result. Plaintiffs can apply for an injunction from the court, which asks a judge to prohibit the defendant from doing a specific act or directs the defendant to do something. The defendant is bound by a court order when the injunction is granted, but financial loss and attorney fees are some of the damages that can result if the injunction is improper. Bond guarantees that the plaintiff will pay the defendant for those losses. Injunction bonds can be purchased from surety bond companies and some insurance companies that sell court bonds.
Injunctions are equitable remedies given by the court where there are no regional remedies available in law. The rationale of the court granting an injunction is often to prevent harm to the plaintiff, his family members, or the plaintiff’s business interest. For example, a plaintiff may seek an injunction against a defendant to stop using a trademark that infringes the plaintiff’s trademark. The damage is often projected future damages, but injunctions are also used in cases where awarding monetary damages is not satisfactory or appropriate for the situation. If a defendant violates an injunction, they are held in contempt of court and can face various legal penalties.
There are several types of injunctions that an injunction bond covers, including a preliminary injunction, an affirmative injunction, and a prohibitive injunction. A preliminary injunction prevents the defendant from performing an act that prejudices the rights of the plaintiff in court. An affirmative injunction or a mandatory injunction is a court order directing the defendant to perform an act. An interlocutory injunction is a court order requiring the parties to continue as usual and not make any changes until there is a court ruling. A prohibitive injunction prevents the defendant from performing an act or acts until there is a hearing on the matter.
Each jurisdiction and court system has its own requirements for the amount of bail required. The presiding judge often sets the amount of the injunctive bond and directs the plaintiff to obtain one if necessary. Plaintiffs can complete and submit an application online to secure a bond or work with an agent or broker to complete the necessary paperwork. The application may ask for asset information and a personal identification number, such as a social security number.
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