Injunctions
At times, a person or company files a lawsuit and asks the Judge to order the person or company sued not to do a certain act or to do a certain act. Courts are authorized generally to grant injunctions. Injunctions are binding court orders dictating and telling individuals to continue, stop, or refrain from performing certain acts. If individuals do not comply with the injunctions, they face contempt of court and other sanctions.
Injunctions may apply to various situations. For instance, there may be a dispute between people about which one of them is entitled to particular accounts or property. In that case, the Court may order the person holding the funds, accounts, or property not to spend them but to hold them until the Court makes a ruling. In other cases, a Court may order property to be seized and returned to its rightful owner; tell the government not to use private property to which it is not entitled to use; direct a polluter to discontinue polluting the water; command a person not to construct a building without a permit; and much more. The Court may order an injunction generally when a person has a clear right to property or assets, but said right is being violated or when there is a threatened right violation, money damages will not remedy the situation, and the public interest favors granting the injunction.
Injunctions direct and order the person or company affected to act or not to act. An injunction may be ordered before, during, or after trial. Getting an injunction before or during trial requires that the person seeking the injunction has strong, clear proof of a right and that it is clear that said right is being violated. There are different types of injunctions – temporary injunctions, preliminary injunctions, and permanent injunctions. An injunction is a potent remedy, and courts do not order them lightly.
Know this: Injunctions issued by federal, state, and local courts are valid in all states, regardless of whether the parties involved live in different cities or different states. Injunctions must not be taken lightly; they must be taken very seriously. They are court orders.
If you have questions regarding your rights to either obtain or challenge an injunction, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.