Injunctions: What Is It, How Does It Work, & Other FAQs
We hear about restraining orders and protection orders all the time.
But there is another type of legal remedy that involves ordering someone to stop doing something wrongful, this is called an injunction.
Oftentimes, we hear this in TV shows where an injunction is filed against someone who’s been accused of wrongdoing. For example, in the popular show Suits, Mike and Harvey meet with a judge to request an injunction, aiming to prevent their client’s rival company from launching their product before them, citing a patent dispute.
If you or someone you know has been threatened with an injunction or needs one to protect their rights, it’s important to speak to a qualified legal professional. The Defenders is here to help you navigate the legal process and understand all of your options.
Injunctions are a type of court order that can be used to prevent someone from taking any action or to make them do something.
Injunctions are a powerful legal remedy that forces someone to stop their illegal behavior with the threat of fines or even jail time for violating the order. It is an order from a court to do or not do something. It can also be used to stop someone from taking certain actions, such as trespassing on private property or using someone else’s trade secrets.
An injunction can be temporary or permanent and is usually issued when there is an urgent need for protection or remedy.
When an injunction is violated, the person in violation can face criminal charges and penalties including jail time and fines.
Unlike a negotiation for settlement or a trial for financial compensation, an injunction is relatively quick and inexpensive.
If you have dealt with someone who continues to behave badly towards you or your loved one, an injunction might be the way to stop the behavior quickly.
You should speak with a lawyer if you want to file an injunction or if you have been faced with an injunction and what that might mean going forward.
What Are The Requirements To File An Injunction?
A civil injunction can be obtained by filing a complaint with the state court that meets certain requirements.
Under NRS 33.010 Nevada case law and Nevada rule of Civil Procedure, an injunction may be granted when the court considers the following:
- The plaintiff must show the probability of success on the merits of the underlying legal issue.
- The plaintiff must show that if the injunction is not issued they will suffer irreparable harm for which monetary damages will be inadequate
- The injunction is appropriate due to the hardships of the parties and the public’s interest in stopping the behavior of the defendant
- The injunction is to restore the status quo, meaning that the injunction will put the plaintiff in the position before the bad behavior of the defendant
- Some types of injunctions must be supported with a security bond to protect the defendant against an improperly granted injunction.
What Are The Different Types Of Injunctions
In legal terms, the concept of injunction encompasses a range of remedies that can be pursued based on the specific issue being addressed, the desired duration of the order, and the legal standing of the parties involved. This multifaceted approach ensures that the appropriate actions are taken to resolve legal matters effectively.
These are the most commonly used injunctions:
- Restraining or protective orders are issued to prevent someone from threatening, harassing, or stalking others
- Preliminary injunctions are issued to prevent wrongdoing while a lawsuit associated with the injunction is resolved.
- Temporary Injunctions are short-term court orders that can be obtained relatively easily without involving another party
- Permanent Injunctions are a lasting order to stop a particular behavior. A permanent injunction can only be obtained after litigation where the defendant can present evidence against the injunction. Permanent injunctions can be accomplished by financial compensation in some situations.
Temporary Restraining Orders
A temporary restraining order is an order preventing a party from performing some act while an application for an injunction is pending.
A temporary restraining order can be granted without notice to the adverse party or that party’s attorney if the affidavit submitted by the plaintiff can show that there is a chance of immediate and irreparable injury, loss or damage to the person applying for the order before the adverse party can be heard in opposition.
Typically, a temporary restraining order will expire within 15 days unless good cause can be shown to extend the order.
A hearing will be scheduled that will take precedence over all other matters.
If the requesting party does not proceed with the continued application of the restraining order, the order will be dropped.
The party that the order was filed against may file a motion for its dissolution or modification and will take measures to hear the case quickly.
If you have been subjected to a temporary restraining order you should contact an attorney.
Having an injunction or temporary restraining order against you can have an adverse affect on your everyday life, like gaining employment, obtaining a rental agreement for housing, or visitation of your children or it can affect other legal proceedings you might have. It’s best to speak to a lawyer to give you sound advice about injunctions and restraining orders.
What Happens If An Injunction Is Violated?
In a criminal injunction, like a restraining order against someone who is stalking or threatening someone, they may be jailed if they continue the behavior.
They also may receive fines and other punishments for violating a court order.
In a civil case, the violating party can be charged with contempt of court. In some cases, the sanctions can include the dismissal of that party’s complaint allowing a default judgment against the violating party.
Fighting A Restraining Or Temporary Protective Order
A temporary restraining order or injunction can be obtained in an ex parte proceeding.
Ex Parte means that the applicant of the order can go to court and obtain an order without the defendant being present.
This usually takes place for people who are in immediate jeopardy from people who want to hurt them.
When you get a notice of an injunction or protective order, you should follow these steps:
- Comply with all the conditions of the order. No exceptions.
- Hire an experienced attorney with experience in fighting injunctions and restraining orders. An experienced attorney will review the order against you and determine if it is valid.
- Your attorney has the ability to file a response to the court’s order. In this response, your lawyer will present your side of the story and raise objections to the grounds stated in the original order.
- The attorney you hire can represent you at the mandatory hearing where the court will review the order and a decision will be made on whether or not to extend the order.
Once you receive an injunction or restraining order notice, you need to act quickly to make sure it does not stay in effect.
Restraining orders or injunctions can have an adverse effect on many things in your life including your criminal record. It is important to take prompt action if you have been served with a restraining or protective order. Contact an experienced attorney who can help protect your rights and fight the order.
The Best Ways To Fight An Injunction Or A Protective Order
Each case is different but there are three main defenses against injunction and protection orders.
- You were not properly served: There are specific rules and laws when serving someone with a restraining or injunction. You must be served by local law enforcement such as the Sheriff’s Department. If they cannot physically find you, they must notify you by mail. If your defense attorney can show you were not served notice properly then you should not be liable.
- You had no intent to violate the order: Violating the terms of an order is not unlawful if you honestly did not mean to break the rules. So if you accidentally run into someone with a restraining order against you, no violation occurrs as long as you get away from them as soon as possible.
- You were falsely accused: Some injunctions or restraining orders are placed on someone that aren’t warranted. This is common in child custody cases or revenge.
It is not a defense if no one was harmed when you did violate a protection order or injunction.
It is a crime to violate even if no damage was done.
Call A Nevada Defense Attorney
If you have been issued an injunction or a restraining order against you, contact a legal expert to help you get the order dissolved or lifted.
An attorney can advise you on what to do to get an injunction or restraining order removed.
If you have been given an injunction or restraining order this can have an adverse effect on your whole life, it can affect your ability to secure employment, get housing, and visit with your children you need to have the injunction removed and have legal assistance betters your chances of having that happen.
If you think you received an injunction in error, call The Defenders today for a case review.
Our attorneys can review your situation and advise you of the best way to proceed with fighting for an injunction or restraining order removal. We will discuss all possible legal options with you and assist in filing the appropriate documents with the court.
We go above and beyond to ensure that our clients are defended properly and their rights are respected during the entire process. Contact us today for more information.
Frequently Asked Questions
What is an injunction?
An injunction is a court order that requires someone to either take some action or refrain from doing something. It can be used to stop someone from engaging in certain behavior such as harassment, stalking, or violating another person’s rights. Injunctions can also be sought to prevent damage to property or the environment.
How does an injunction work?
When an injunction is issued, it must be followed. If the person named in the injunction does not comply with its terms, they may face civil or criminal penalties. In a civil case, the violating party can be charged with contempt of court and fined or even have their complaint dismissed allowing a default judgment against them. In a criminal case, the violating party can face jail time or other penalties.
What are the different types of injunctions?
There are three main types of injunctions: temporary restraining orders, preliminary injunctions, and permanent injunctions. A temporary restraining order (TRO) is issued to protect a person or property from harm before a full hearing for a permanent injunction can take place.
What are the different types of injunctions?
Injunctions can be temporary or permanent and can cover a variety of situations. A Temporary Restraining Order (TRO) is issued to stop someone from engaging in certain behavior until a hearing on whether to make it permanent can be held. Permanent injunctions are issued after a court hearing where evidence is presented by both parties and the court issues a ruling. A Preliminary Injunction is similar to a TRO but lasts longer until the court makes a final ruling on the case.
What are the conditions for obtaining an injunction?
In order to obtain an injunction, you must show that there is an imminent danger of harm or irreparable injury if it is not granted. You must also demonstrate that there is no other legal remedy available to you and that the requested relief is necessary to prevent harm or injury. A court can grant a restraining order if it finds that the person against whom the order is sought poses a significant threat of causing immediate physical harm, harassment, or stalking.
I received an injunction, what do I do next?
If you have been issued an injunction or a restraining order against you, it is important to take prompt action. Contact an experienced attorney who can help protect your rights and fight the order. An attorney can advise you on what to do to get an injunction or restraining order removed. Your attorney will discuss all possible legal options with you and assist in filing the appropriate documents with the court.
How can I fight a restraining or temporary protective order?
If you have been served with a restraining or temporary protective order, it is important to take prompt action. Contact an experienced attorney who can help protect your rights and fight the order. Your attorney will be able to review your situation and advise you of the best way to proceed with fighting for an injunction or restraining order removal. Your attorney can also help with filing the appropriate documents with the court to challenge a restraining or temporary protective order. They may be able to work out an agreement with the individual who requested the restriction that both parties can agree to, which could lead to having the injunction or restraining order removed.