injunction

Definition of injunction

Pronunciation

• IPA: /ɪnˈdʒʌnk.ʃən/, SAMPA: /In"dZVnk.S@n/
• Rhymes: -ʌŋkʃən

Noun

injunction (plural injunctions)

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.

Usage notes

• The verb associated with this word is enjoin. Injunct is also sometimes used as a synonym.

Further reading

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. 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.

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. 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.

Common reasons for restraining orders

• stalking
• domestic violence
• harassment
• bullying (in some cases)
• physical or sexual abuse
• the wrongful transfer of real property, also called fraudulent conveyance
• the disclosure of sensitive information in line with the Official Secrets Act 1989 (UK only)
• trademark infringement
• copyright infringement
• patent infringement
• trade secret disclosure
• tortious interference of contract
• criminal contempt
• civil contempt