Citizendia

An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. In law equitable remedies are the remedies developed and granted by the old courts of equity, such as the Court of Chancery in England and still available today A court order (or court ruling) is an official proclamation by a Judge (or panel of judges that defines the legal relationships between the parties to a hearing The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences or death.

Contents

Basis of injunctions

At the core of injunctive relief is a recognition that monetary damages cannot solve all problems. An injunction may be permanent or it may be temporary. A preliminary injunction, or an interlocutory injunction, is a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial. A preliminary injunction, in equity, is an Injunction entered by a Court prior to a determination of the merits of a Legal case, in order The purpose of a provisional remedy is the preservation of the Status quo until final disposition of a matter can occur It is usually necessary to prove the high likelihood of success upon the merits of one's case and a likelihood of irreparable harm in the absence of a preliminary injunction before such an injunction may be granted; otherwise the party may have to wait for trial to obtain a permanent injunction.

Temporary restraints

In the United States, a temporary restraining order (TRO) may be issued for short term. A temporary restraining order usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.

A temporary restraining order may be granted ex parte, that is, without informing in advance the party to whom the temporary restraining order is directed. Ex parte is a Latin legal term meaning "from (by or for one party" (ɛks ˈpɑrteɪ or /ɛks ˈpɑrti/ in English Usually, a party moves ex parte to prevent an adversary from having notice of one's intentions. The order is granted to prevent the adversary from acting to frustrate the purpose of the action, for example, by wasting or hiding assets (as often occurs in dissolution of marriage) or disclosing a trade secret that had been the subject of a non-disclosure agreement. In Business and Accounting, assets are everything owned by a person or company (all tangible and intangible property that can be converted into cash. Divorce or dissolution of marriage is the termination of a Marriage. A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which A non-disclosure agreement (NDA also known as a confidentiality agreement, confidential disclosure agreement (CDA proprietary information agreement

Apprehended Violence Order

Sometimes, a court grants an apprehended violence order (AVO) to a person who fears violence or harassment from their harasser. Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes A court can issue an apprehended violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking. Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities If a defendant knowingly contravenes a prohibition or restriction specified in the order, he or she can be subject to a fine, imprisonment, or both. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff

Rationale behind injunctions

This injunctive power to restore the status quo ante; that is, to make whole again someone whose rights have been violated, is essential to the concept of fairness (equity). Status quo ante, Latin for "the way things were before" incorporating the term Status quo, may refer to In Law, the objective of a For example, money damages would be of scant benefit to a land owner who wished simply to prevent someone from repeatedly trespassing on his land. Trespass (Fr trespas a crime properly a stepping across from Lat

Injunctions in U. S. labor law context

After the United States government successfully used an injunction to outlaw the Pullman boycott in 1894 in the case of In re Debs, employers found that they could obtain federal court injunctions to ban strikes and organizing activities of all kinds by unions. The federal government of the United States is the central United States Governmental body established by the United States Constitution. The Year 1894 ( MDCCCXCIV) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common In re Debs, 158 US 564 ( 1895) was a United States Supreme Court decision handed down concerning Eugene V The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming These injunctions were often extremely broad; one injunction issued by a federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contracts with their employers. Template talkInfobox Union for usage -->The United Mine Workers of America ( UMW or UMWA) is a North A yellow-dog Contract (or a "yellow dog contract" or a yellow-dog clause of a contract is an agreement between an employer and an employee in which the A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law

Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the U.S. Congress in 1932 to pass the Norris-LaGuardia Act, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions as to effectively prohibit all federal court injunctions in cases arising out of labor disputes. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Norris-La Guardia Act (also known as the Anti-Injunction Bill) of 1932 was a United States federal law that made Yellow-dog contracts A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which a party seeks injunctive relief to enforce the grievance arbitration provisions of a collective bargaining agreement. A grievance is a wrong or hardship suffered which is the grounds of a Complaint. Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers

Common reasons for restraining orders

See also

References

---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers Bullying is the act of intentionally causing harm to others through verbal Harassment, physical Assault, or other more subtle methods of Coercion Physical abuse is abuse involving contact intended to cause feelings of intimidation Pain, Injury, or other physical Suffering or Harm. Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another In the Common law, real property (or realty) refers to one of the two main classes of Property, the other class being Personal property ( A fraudulent conveyance, also fraudulent transfer is a Civil cause of action The Official Secrets Act is any of several Acts of the Parliament of the United Kingdom for the protection of official information mainly related to National Trademark infringement is a violation of the Exclusive rights attaching to a Trademark without the authorization of the trademark owner or any licensees (provided that 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates Patent infringement is the act of utilizing a patented Invention without permission from the Patent holder A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Contempt of court is a court ruling which in the context of a court trial or hearing deems an individual as having been disrespectful of the court its process and its invested Contempt is an intense feeling or attitude of regarding someone or something as inferior base or worthless—it is similar to scorn In the area of Conflict of law, anti-suit injunction is an order issued by a court or Arbitral tribunal that prevents an opposing party from commencing The Anti-Injunction Act,, is a United States federal statute that prohibits any federal court from issuing an Injunction against proceedings in any Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which The term interim order refers to an order passed by a Court during the pendency of the Litigation. In European law, and especially in European Intellectual property law a cross-border injunction is an Injunction by a Court in one European Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where A chancery court, Equity court or court of equity is a court that is authorized to apply principles of equity (as opposed to law to cases brought A gang injunction is a court-issued restraining order prohibiting Gang members from participating in certain activities Lawburrows is a little-known civil action in Scots law initiated by one person afraid of another's possible violence In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy The Mareva injunction (variously known also as a freezing order, Mareva order or Mareva regime) in Commonwealth jurisdictions is a court A Protection From Abuse (commonly abbreviated as PFA) is an Injunction to protect a person or persons in or just out of an abusive relationship with a romantic partner For other senses of this word see Standing (disambiguation. In the Common law, and under many Statutes standing or

Dictionary

injunction

-noun

  1. The act of enjoining; the act of directing, commanding, or prohibiting.
  2. That which is enjoined; an order; a mandate; a decree; a command; a precept; a direction.
  3. (law) A writ or process, granted by a court of equity, and, in some cases, under statutes, by a court of law, whereby a party is required to do or to refrain from doing certain acts, according to the exigency of the writ.
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic