Question: Who Can Issue An Injunction?

What is an example of an injunction?

An injunction is a court order stating that a company must do something or seize from doing a certain action.

Injunctions are often granted when monetary damages are not sufficient to remedy a given situation.

For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity..

Does an injunction go on your record?

Breaching an injunction is not a criminal offence so perpetrators are not criminalised for low level, persistent anti-social behaviour. This gives perpetrators a chance to turn their lives around without the stigma of a criminal record.

Can anyone file an injunction?

The process for filing an injunction differs dramatically. Some courts allow for online filing and will accept any document someone offers. Others require filing in person, and the clerks will carefully look over the pleading to ensure it complies with the rules.

Why would someone file an injunction?

An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.

When can a permanent injunction be granted?

In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit.

When can an injunction be refused?

41 of Specific Relief act an injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restrain is necessary to prevent multiplicity of proceedings; (b) to restrain any person from instituting or …

How many types of injunctions are there?

two kindsInjunctions are of two kinds, the one called the writ remedial, and the other the judicial writ.

How long does it take to file an injunction?

If you believe that someone is likely to take an action that will violate your rights, you can ask a court to issue a preliminary injunction prohibiting (“enjoining”) the action until the case between the parties is over. It takes more than three weeks to get a preliminary injunction.

Can I get an injunction on my ex?

You could try to gain some protection from your abuser by applying for a civil injunction or protection order. An injunction is a court order that requires someone to do or not to do something. There are two main types of injunctions available under Part IV of the Family Law Act 1996: A non-molestation order.

What happens when you file an injunction?

If the court approves your request for an injunction, the court can order the defendant to temporarily do something or stop doing something they are doing until a final hearing can be held. … At a final hearing, both sides are allowed to present evidence to the court.

What evidence do you need for an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

Can injunction be granted against co owner?

Injunction against co-owner. The co-owner cannot claim an order of injunction against another co-owner with regard to the property owned jointly because possession of one co-owner would be treated to be possession of all .

How much does it cost to file an injunction?

There are no fees to file for an injunction against harassment. The judge may also order the losing party to pay for the winning party’s court costs and attorney’s fees. Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.

How long does an injunction last?

If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party’s request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).

What does it mean to get an injunction?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. … Choosing whether to grant temporary injunctive relief is up to the discretion of the court. Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice.

What is an injunction suit?

An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or …

What are injunctions used for?

The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages).