What Are The Types Of Injunctions In Civil Law?
Obtaining an injunction is one of the most common tools of a civil litigation attorney. Injunctions are court orders that either block or compel certain actions, especially if allowing a party to proceed as they like would produce irreversible harm. There are several common kinds of injunctions so here's a look at 5 that might show up in a civil case.
Temporary Restraining Order
Many situations evolve so quickly that the court doesn't have time to conduct an initial hearing before the expected harm would occur. A temporary restraining order typically lasts a couple of weeks. It buys time so the court and the parties to the case can prepare themselves for a hearing to discuss whether the court ought to impose a longer injunction or not.
Suppose an environmental group was trying to stop a logging project in an old-growth forest. The group might seek a TRO because there's no way to undo a felled tree.
A civil litigation attorney will present an argument to the court for why a prolonged injunction is necessary pending further hearings or a trial. To obtain a preliminary injunction, a plaintiff has to demonstrate that they are likely to prevail based on the case's merits.
The goal of a preliminary injunction is to preserve the status quo until the court has the time to fully explore the case. Suppose someone sued to prevent the distribution of assets from an estate. An injunction could effectively freeze the assets until the court can sort things out.
If someone prevails in court, they can request a permanent injunction. This is a court order that stops or compels the targeted action in perpetuity. The most a party could do then is to file an appeal.
Writ of Mandamus
Sometimes you need the government to do something it doesn't want to do. Perhaps a city-wide referendum passed authorizing the construction of a park, but the mayor doesn't want to act on it. Citizens of the city could ask a judge to issue a writ of mandamus to compel the mayor to start the work.
This is a writ that bars someone from leaving a jurisdiction. Mostly, these injunctions show up in child custody cases. For example, one parent might want to move to a different state due to work. The other parent might assert that they won't have sufficient access to their kid, and they could request a write of ne exeat.
For more information, contact a local company like Goicoechea DiGrazia Coyle & Stanton Ltd.