Q:

What is a civil injunction?

A:

Quick Answer

A civil injunction is a court order that requires a person to do or stop doing a specific action, according to the Cornell University Law School. Some civil injunctions require that one individual not have contact with another, and these are referred to as "restraining orders."

 Know More

Full Answer

Some injunctions can be temporary, like temporary restraining orders and preliminary injunctions, and are used to maintain the status quo until the court reaches an official verdict. Civil injunctions are used in order to prevent possible injustice, and are the result of threatened or past violence, according to the Cornell University Law School. There are most often two types: preliminary injunctions and temporary restraining orders, or TROs. The purpose of both is to either maintain the status quo or to prevent the accused from performing the complained-of action until the full judicial proceedings can happen.

There are four reasons for which civil injunctions that can be filed: domestic violence, sexual violence, dating violence and repeat violence. Each has different requirements that must be met and different punishments for violating the injunction, but most of the exact details and specifications come down to the court's ruling. An individual who fails to follow an injunction can be punished for contempt of court.

There are several categories that determine the way in which the court views the case, but mostly it comes down to the immediacy in which the plaintiff needs the injunction. An injunction is an equity remedy and can only be issued in cases of in-personam jurisdiction.

Learn more about Law

Related Questions

  • Q:

    What is an indemnity claim?

    A:

    A claim for indemnity is a request by a person or entity to be compensated for a loss or an injury, according to Cornell University Law School. The claim is based on a contract, typically with a third party, that is likely not directly responsible for the loss or injury.

    Full Answer >
    Filed Under:
  • Q:

    How do you file a contempt of court in family law in Arizona?

    A:

    A contempt action in Arizona family court is filed with the appropriate court and must include a detailed description of the actions the opposing party has taken that violate an order of the court, explains Ryan Rappicci for Avvo. The court then issues the defendant a notice to appear.

    Full Answer >
    Filed Under:
  • Q:

    What is an injunction hearing?

    A:

    An injunction hearing is held in court before a judge to determine if a plaintiff should be awarded an interim or permanent injunction against the defendant's activities, as stated by The Myler Law Firm. Injunctions may be used to stop the sale of certain products or to award a long-term restraining order against the defendant.

    Full Answer >
    Filed Under:
  • Q:

    What is a "preliminary examination" in court?

    A:

    A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.

    Full Answer >
    Filed Under:

Explore