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.
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.
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
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
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
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