Injunction

When being threatened or harassed by someone, sometimes the best and safest way to deal with it is to put the situation in the hands of the law. If you are being threatened or hassled by another person, it is sometimes possible to take out an injunction against that person as a way of protecting yourself and keeping them away from you. Although injunctions can be issued for a number of reasons, one of the most common is because a person has been the victim of domestic violence.

An injunction is a court order directed at a person or party to perform a specific action or to refrain from an action. The injunction is used primarily in situations where money damages would not satisfy a plaintiff's claim, or to protect personal or property rights from permanent harm. Historically, it has been especially important in domestic relations, labor, and civil-rights law.

Injunctions are issued while pending actions are dubbed preliminary and they are intended to protect the plaintiff's interest. This prevents a final judgment from being worthless, and documents the concern in case it has to be reviewed by higher courts. If irreparable injury would result even before notice of a hearing could be served, the court may grant a temporary restraining order, which is a binding injunction on the defendant, until a hearing can be held. After all the evidence has been heard, a final or perpetual injunction will be issued in the final judgment of the court.

A judge sitting without a jury usually grants injunctions, as is the case with most remedies of a reasonable nature. However, statute in many areas of the law, especially the 5 th amendment, has limited the broad discretion courts have enjoyed in using this power. An injunction is essentially a personal order, and a defendant who disregards it may be punished for contempt of court. Even if the person who requested the injunction wants to have it repealed, only the judge may have it terminated or modified by the court.

Today, injunctions are granted in many circumstances where courts of equity formerly refused to act. Thus, courts have ordered the performance of the terms of a contract, or the payment of legal damages by a defendant, sparing the plaintiff the need to seek execution of a judgment. Injunctions have long been used to decrease nuisances in cases of bullying or abuse.

Abusive relationships are often difficult because there is still some sort of love between the people in the situation. An injunction may be seen by the abuser as an act of betrayal, but feelings must be put aside in these circumstances. Time is needed to sort these problems out and an injunction is the safest way for someone to get the protection they need from an abusive relationship. By petitioning the court for an injunction, you will document the problem, and have the injunction as a reference should any future problems arise. Getting an injunction will enable you to protect yourself, rather than someone's feelings.

If you would like to speak to a qualified and experienced attorney in your area, please contact us.