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What Is an Emergency Injunction?
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  • Written By: S.E. Smith
  • Edited By: Kristen Osborne
  • Last Modified Date: 15 May 2012
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    2003-2012
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An emergency injunction is a temporary directive from a court ordering someone to cease or continue a specific behavior, depending on the nature of the case. Emergency injunctions are used in cases where people can demonstrate that an injunction is needed to prevent serious harm or damages beyond financial damages in the immediate future. The person who initially requested it will need to provide supporting evidence to get a permanent injunction. It can be a stopgap measure to address an immediate situation while preparing for more long-term legal action.

Emergency injunctions can be used in a wide variety of settings including abuse cases, patent infringement cases, and child custody cases. To grant an emergency injunction, a judge must be shown that serious harm will occur unless the injunction is put in place. For example, in a divorce involving abuse, the abused partner might request an emergency injunction to order the other partner to stay away, on the grounds of personal safety concerns. If the abused partner has documentation like a history of police calls to the residence to address domestic violence complaints, the judge can grant the injunction.

Under normal circumstances, judges like to hear from all parties before granting an injunction, to make sure that people do not abuse the legal system. A company disliking the actions of a competitor, for instance, can't file an injunction randomly to stop the competitor from doing something. If a company can argue that a competitor is infringing on patents or committing other wrongs, it can bring suit to request a permanent injunction and recover damages. It may use a request for an emergency injunction to stop the competitor during the course of developing the trial and hearing it in court if it can show how the competitor's actions are causing direct harms like loss of reputation due to counterfeit products.

In an emergency injunction, the judge clearly outlines the activity covered by the injunction and sets well-defined boundaries on the scope of activity. Judges balance the needs of avoiding unreasonable restriction of liberty with addressing the concerns outlined in the injunction request. These documents are sometimes used as evidence in cases, and for this reason, judges are careful to outline the arguments presented during the injunction hearing.

Typically, emergency injunctions expire within a set period of time. People can apply to renew them or allow them to lapse. If a legal matter is decided before the injunction expires, the outcome of the case can result in a lift of the injunction, or the drafting of a permanent injunction.

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StarJo
Post 4

My aunt's husband left her and their two toddlers, and he hadn't been sending them any child support. She had no job, because she had to stay home and care for the kids, so she really needed the money.

She got an emergency injunction that forced her husband to pay child support. Fortunately, the amount that he had to send her was enough to feed them and pay the bills until the permanent injunction could be issued.

I'm so glad that people are not allowed to simply up and leave their wives and kids with no consequences. Emergency child support injunctions keep men who would shirk their duties from being able to get away with it all.

Perdido
Post 3

If you actually have a patent on something, it is easy to get a judge to issue an emergency injunction against anyone trying to copy your product or use your brand name. My best friend's business competition didn't think that she had the guts to take him to court, but since she had an actual patent, she knew she could get results.

He had been advertising a new product that was exactly like my friend's, and this was something unique that not everyone could think to make. His design was so much like hers that the judge ordered him to cease production and marketing of it.

wavy58
Post 2

@orangey03 – Though it happens sometimes, I'm sure that your friend's case was the exception to the rule. Many lives have been saved by emergency injunctions, and I'm glad they exist.

My sister's ex-husband was abusive, and she had to run away to save her life. She got an emergency injunction, because she had gone to the hospital and the police station after a severe beating, so she had photographs and records to prove what happened.

The judge granted the injunction without hesitation. Her ex is now in prison, and she has moved out of state. The injunction allowed her to get away, and hopefully, he won't be able to relocate her once he gets out.

orangey03
Post 1

I am glad to hear that both sides of a case are heard before the injunction is granted. There are too many people in the world who try to use the judicial system for their benefit, and some people would seek restraining orders just because they don't like a person.

They don't think about how this could harm that person's reputation or record. My friend was dating a lady who turned out to be seriously crazy, and even though he wanted nothing more to do with her, she tried to get an emergency injunction to make him stay away. At the hearing, the judge could tell that something was off, and he refused to grant the injunction.

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