What are injunctive relief and damages?
Defining Injunctive Relief
An injunction, sometimes referred to as injunctive relief, is a measure that either prohibits a party from acting in a certain way or obliges a party to act in a specific manner. It is typically only possible when there is no alternative legal remedy and denying the relief will cause irreparable injury.
This type of relief is designed to stop future wrongdoing. These directives, when made prior to a judgment, are referred to as preliminary injunctions, and disobeying them can be punished as contempt.
Only under the most dire conditions is injunctive relief given. The party requesting preliminary injunctive relief must prove a number of conditions:
- That there would be irreparable harm without the order;
- That the harm to the moving party would exceed the damage to the opposing party as a result of the order;
- That the injunction would not be against the public interest;
- That the moving party has a good chance of winning on the merits.
A court order issued during a civil trial or lawsuit is known as injunctive relief. The defendant is prohibited from engaging in a particular activity by this court order. This can involve making transactions that are detrimental to the plaintiff, including creating a new structure or starting a business venture. If an injunction is violated, the party is found in contempt of court, which could result in penalties like fines or even jail time.
Procedure for Injunctive Relief
One of three forms is typically used for injunctive relief:
- Temporary Restraining Order (TRO)
- Preliminary Injunction
- Permanent Injunction
The time commitment required varies depending on the type of injunctive relief. Preventive injunctions are used to correct a persistent legal wrong or stop harm to the plaintiff. Examples of such injunctions include one against a plant for contaminating communities’ drinking water.
Because it can be issued and put into effect swiftly, a TRO is frequently the first line of defense used by a party seeking injunctive relief. They are used either to maintain the status quo.
The preliminary injunction is issued after the TRO has expired and the parties have had an opportunity to discuss the events that brought them to this particular stage in front of the court. An injunction that is permanent is, indeed, permanent.
Damages and injunctive relief are both types of court interventions, but they are not the same. While injunctive relief takes the form of a court order to prevent someone from acting in a certain way, damages are typically paid in the form of money.
