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How Do I File An Injunction In The US? 

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26 July, 2023

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So, when someone is doing something that you don’t like, you can ask the court to tell them to stop. This is called an injunction.

Moreover, If you’re in the US and want to file for this, keep reading to find out how it all works.

In this article, we will be discussing the process of filing an injunction in the United States. 

What Is An Injunction?

What Is An Injunction?

Also known as a temporary restraining order, is a court order that prohibits a party from performing or ordering to conduct a specific act.

Moreover, On the other hand, a court might also issue a protective order that might include restraining orders or injunctions for the purpose of preserving the availability of a property subject to civil forfeiture. 

What Is The Territorial Limit?

On the other hand, there is also a territorial limit where a court’s injunction or restraining order has personal jurisdiction over the named individual or under statutory authority.

Similarly, This has a legal term named “in personam” and these are mostly applicable regarding trademarks and copyright cases. 

Moreover, the parties who shall be filing for the injunction only have the capacity to challenge the jurisdiction of the court from where the order has been passed. 

Who Issues An Injunction Or Restraining Order?

A US District Court judge is known to issue the injunction or order under the seal of the clerk of the court. 

What Are The Requirements For Filing?

The court where you have applied to file an injunction will grant your application whenever the requirement of an injunction is fulfilled. The requirements for filing an injunction are as follows:

  • The applicant, who is filing for the injunction, shall be having a prima-facie case, which means having the potential to succeed. A prima facie case means that the dispute is unpretentious, and there is a higher possibility of success in favor of the applicant. 
  • The balance of convenience is in the favor of the applicant.
  • Unredeemable loss or damage means that the loss caused to the individual is not measurable or compensated in terms of money or other specific amounts. 

Grounds That Can Restrict Your Injunction Application From Being Not Granted By The Court

Grounds That Can Restrict Your Injunction Application From Being Not Granted By The Court

The inclusion of the following factors in your application might lead the court not to grant the application. 

  • Restraining another party from applying or filing complaints to a legislative body. 
  • Restraining a party from prosecuting or originating proceedings within a criminal matter. 
  • Where there is no clear evidence regarding the act of another causing nuisance. 
  • The applicant’s conduct has disentitled him or her from the assistance of the court. 
  • The applicant has no personal interest in the subject matter of the filed it. 

How Many Types Of Injunctions Are There?

In the vast world of law, injunctions are like the secret weapons. They’re court orders that can stop someone from doing something or compel them to take a specific action.

Moreover, But did you know that there isn’t just one type? Nope, there are several, and they each serve a unique purpose. So, let’s dive into this legal arsenal and discover how many types of injunctions there really are.

1. Temporary Injunction

Picture this: You’re in the middle of a legal battle, and you need immediate relief. Similarly, That’s where the this comes in.

2. Preliminary Injunction

Similarly, to the temporary injunction, the preliminary injunction is another short-term fix. The purpose? Moreover, To prevent one party from suffering significant harm while the case is still in progress.

3. Permanent Injunction

Now, this is the big one. A permanent injunction is like a legal knockout punch. It’s issued after a trial, and it’s meant to be, well, permanent. If the court decides that the defendant’s actions should be permanently prohibited (or they must do something specific), this makes it official.

4. Mandatory Injunction

When a court says “mandatory,” it means business.

Similarly, it isn’t about stopping someone from doing something; it’s about making them do something.

Moreover, If, for example, your neighbor built a fence that’s partially on your property, a mandatory injunction might order them to remove the encroaching structure.

5. Prohibitory Injunction

On the flip side, there’s the prohibitory injunction. This one tells someone to stop doing something.

Similarly, Let’s say a company is polluting a river, and you want them to cease the pollution.

6. Perpetual Injunction

A perpetual injunction isn’t as everlasting as it sounds. Moreover, It’s more like a “until further notice” kind of deal.

7. Quia Timet Injunction

This one has a fancy Latin name, but it’s pretty straightforward.

Similarly, A quia timet injunction is all about preventing anticipated harm. Moreover, If there’s a clear threat that something bad is going to happen (even if it hasn’t happened yet), this type can step in to keep the peace.

8. Mareva Injunction

Ever worried that someone might try to whisk away their assets to avoid paying a judgment?

Similarly, That’s where a Mareva restraining order comes into play. Moreover, It freezes a party’s assets, making sure they can’t disappear before they satisfy their legal obligations.

9. Anton Piller Injunction

An Anton Piller injunction allows you to enter their premises, search, and seize those documents, ensuring that the evidence is preserved.

10. Ex Parte Injunction

Most injunctions involve both parties presenting their cases to the court.

Similarly, This means one party can request the restraining order without notifying the other side. Moreover, It’s like a legal emergency brake, applied when immediate relief is necessary.

Fun Facts

You may be wondering if an restraining order is a personal right. Well, it’s actually a discretionary equitable relief that the applicant can request. Moreover, It’s important to note that the court has complete discretion on whether or not to grant the restraining order.

Similarly, it’s not something that anyone can just demand.

Final Thoughts 

Now you have a better idea regarding the concept of the restraining order. Moreover, If you have further doubts it is advised that you get in touch with a civil law attorney,

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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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