Whether or not an injunctive relief is granted depends on the
court's authority to handle the specific problem. Also, an injunctive relief is
not a judgment for money. Both sides get to argue their side in court with out
a full-scale trial.
An injunctive relief is an order issued by a court ordering
someone to do something or prohibiting some act after a court hearing. The
procedure is for someone who has been or is in danger of being harmed, or needs
some help (relief) or his/her attorney, to:
a) petition for the injunction to protect his/her rights; to;
b) get an "order to show cause" from the judge telling the
other party to show why the injunction should not be issued;
c) serve (personally delivered) the order to show cause on
the party whom he/she wishes to have ordered to act or be restrained
("enjoined"); partake in a hearing in which both sides attempt to convince the
judge why the injunction should or should not be granted. If there is danger of
immediate irreparable harm at the time the petition is filed, a judge may issue
a temporary injunction which goes into effect upon it being served (deliver or
have delivered) to the other party.
This temporary injunction will stay in force until the hearing
or sometimes until the outcome of a lawsuit is decided in which an injunction
is one of the parts of the plaintiff's demands (in the "prayer"). A final and
continuing injunction is called a permanent injunction. Examples of injunctions
include prohibitions against cutting trees, creating nuisances, polluting a
stream, picketing which goes beyond the bounds of free speech and assembly, or
removing funds from a bank account pending determination of ownership.
So-called "mandatory" injunctions which require acts to be performed, may
include return of property, keeping a gate to a road unlocked, clearing off
tree limbs from a right-of-way, turning on electricity or heat in an apartment
building, or depositing disputed funds with the court.
