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Preliminary and Permanent Injunctions

February 20, 2020

A court may order a party to conduct a specific action or prohibit it through an injunction. An injunction is an equitable remedy. The party who requests an injunction must indicate that there are no other legal remedies available. Courts, when issuing injunctions, must assure that the subjected party’s due process rights have not been violated.  Therefore, courts need to balance the harm and injury suffered by one party with the other party’s rights.

Injunctions may be necessary to stop a competing business from engaging in sales when they defy intellectual property rights or contractual obligations. In family law matters, an injunction may be necessary to prevent domestic violence. An injunction may also be used to prevent a contractor from continuing with construction on contested land.

Temporary Injunctions

These are typically referred to as Temporary Restraining Orders (TRO). These are most common in domestic violence scenarios where they are used to restrain one party from acting a certain way to prevent harm to another. This type of remedy is only issued for a short duration. It is only used for matters involving irreparable injuries.  This injunction expires upon the time set in the order unless extended by the court by a motion. A TRO may prohibit a spouse or parent from approaching a family member within a certain distance from them. If the order is violated, the offending party is found to be in contempt of the court and may risk being arrested, jailed, or charged with misdemeanor or felony.

Preliminary Injunctions

These injunctions are usually issued while a case is pending. This injunction attempts to maintain the status quo between the parties while the case proceeds and a final judgment on the merits can be reached. This type of order is usually made early in a case.

In order to obtain a preliminary injunction, the complainant must show that it will suffer irreparable harm if the injunction is not granted and that it will either have a likelihood of success on the merits or question the merits at the litigation and the balance of hardships tip in complainant’s favor.  Courts tend to order preliminary injunctions when public interest is concerned.

Preliminary injunctions are common in business lawsuits involving patent or trademark infringement. A company may request a court for preliminary injunction against another business from selling products that infringe its trademarks. Another common usage of preliminary injunctions occurs in divorce matters. A preliminary injunction may be useful to prevent violence, travel with children over interstate lines or abroad, or sell community property.

Permanent Injunctions

This type of injunction is issued typically at the end of a lawsuit as equitable damages. This remedy requires the defendant to permanently refrain from an action or to engage in a specific action. These do not have a time limit.  In a business scenario, an injunction may permanently prevent another business from selling its products. Often, businesses use permanent injunctions to enforce non-compete agreements.

Philadelphia Business Lawyers at the Harty Law Group Help Clients with Preliminary and Permanent Injunctions

If you have concerns regarding permanent or preliminary injunctions, the Philadelphia business lawyers at the Harty Law Group can help. Our attorneys provide tailored legal representation to unique business needs. We will carefully evaluate your needs to determine the most suitable approach. Contact us online or call us at 267-262-5650 for an initial consultation. Located in Philadelphia and Haddonfield, New Jersey, we serve clients throughout Pennsylvania and New Jersey.

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