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What is an Injunction?

Injunctions are court orders that ban a person or people from a specific behavior.
Restraining orders, a type of injunction, don't actually physically keep a person from disobeying the judge’s order, but it makes criminal cases easier to pursue if the injunction is violated.
Media gag orders are a popular type of injunction usually meant to prohibit the media from reporting on a high profile trial until the trial’s conclusion.
Article Details
  • Written By: Tricia Ellis-Christensen
  • Edited By: O. Wallace
  • Last Modified Date: 22 July 2014
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An injunction is a court order that bans an individual or group of people from a specific behavior. For example, the most common type is a restraining order, which prohibits a person who has either posed a physical or emotional threat to another from having any contact with that person. Additionally, the order may include actual measurements of how close a threatening person may come toward the person threatened. Violation of an injunction of this type may mean immediate arrest.

Often, a restraining order is temporary at first, and many last for little more than a week. To continue the order, the person requesting it must go to court and prove that the order should stand on a more permanent basis. If the requester cannot prove the need for its continuance, the injunction will last for only the short time specified by the judge. This is often the case with a restraining order issued against an abusive spouse, as the person being abused often rethinks prosecuting his or her spouse and lets the charges drop out of fear that even a restraining order will not keep the person from harm.

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It is true that a restraining order does not actually physically keep a person from disobeying the judge’s order, but it does make criminal cases easier to pursue if the injunction is violated. Unfortunately, in the case of domestic abuse, the abuser may significantly harm or kill his or her partner while violating the order. Unless police protection is offered, a restraining order is not a safeguard against harm from an abuser.

Another type of injunction is a media gag order. In these cases, a judge may prohibit the media from reporting on a high profile trial until the trial’s conclusion. Gag orders are also frequently issued to protect accusers, like former members of the mafia, and to guard their whereabouts during testimony and a trial. Usually, children or rape victims do not require an order of media silence because confidentiality laws protect them.

Gag orders may also assist a jury to make a decision without prejudice from media sources. A court order may also be issued to either sequester a jury, or ban them from reading certain materials or viewing certain programs that may influence their decision. In very high profile cases, sequestering a jury may be the only way to ensure a fair verdict.

This court order may be appealed by those barred from a particular activity. Some people will ask a judge for an injunction where there is not cause to do so, which can lead to an appeal. Further, a counter-injunction may be issued against the person who initially asked for the order, to prevent further harassment.

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Discuss this Article

anon355823
Post 16

My nephew got an injunction by his ex wife tonight. Can the family talk to him because people are saying he can't talk to them until he goes to court.

anon329424
Post 15

My city has a farmer's market. They just own the property and offer no financial support. A development group has persuaded commission to move the location to a less favorable location to the chagrin of the vendors. Do the vendors have any legal recourse to stop this action?

anon291346
Post 14

Question for anon289483; Post 13

Your scenario looks like this: I come to your house and don't like kids running around in your own house and then seek injunction against you to control your kids so I can come to your house and get attorney fees for doing that? You are not serious, right?

Another thing is that you are knowingly going to a private property that you believe is not good for you. Is anyone forcing you to go there?

anon289483
Post 13

My family attend a certain temple where children run wild and are unsupervised by their parents, destroying everything in their path.

If I wanted to file for an injunction "Extortion of Relief," do I need a lawyer? If I did get the injunction, could I ask them to compensate for my attorney and court fee?

anon83688
Post 12

I was looking for injunctions related cases on nepali perspectives. I have not found even a single materials on injunctions related.

Moderator's reply: We are sorry you could not find the information you were looking for. It is impossible to cover every aspect of a topic in 400-500 words.

anon75578
Post 11

An injunction has been issued against me, i believe unlawfully.

I sell toys on the streets in Westminster. i used to have a peddlers licence which is issued under the peddlers act of 1871.

The Westminster city council introduced a private members bill in parliament in 1999 to outlaw peddlers selling on the streets in Westminster. This act was passed without consultation and I was never given the opportunity to save my livelihood.

I carried on trading nonetheless, and now i have been issued with an Injunction to stop trading.

Can I appeal against this injunction? This is my livelihood.

anon58971
Post 10

how do i go about getting an injunction, or can i get one, if i have had a group of girls harassing me, telling me they are going to hit me in the face and they have defaced my car at the local shopping centre where i work, twice!

i decided to take police action and they are now banned from that shopping centre. i feel like i am being harassed, as now after that has happened they are saying to my friends that they are going to 'get me.'

it sounds ridiculous but i have had their brothers threatening me and friends. i have been intimidated. this is my last chance of having some peace in my life! i don't know what else to do, so please can someone tell me if i can get one?

svoboda
Post 9

my stepfather had been harassing me and my family for years. Making all sorts of accusations and extorting the money. Now he files a law suit that based purely on his imagination with out any proof. However it causes emotional distress to me and my family and requires an action such as a hiring a lawyer and responding to the law suit. What can I do to stop him from destroying my life?

anon44751
Post 8

Recently, two days ago, my bankruptcy Chapter 13, was dissmised, so I don't have protection from the Unlawful Detainer. can I submit an injunction against the lender's lawyers?

anon40985
Post 7

i'm currently having problems with my ex- husband, well, soon to be ex. he keeps coming over and starting with me. i'm having abusive texts and calls, 24/7 threats from him and his girlfriend. could i get an injunction against him?

anon40292
Post 6

My boyfriend was attacked by his stepfather and hit in the head with an old solid skillet on top of putting his head through a window. I called the cops and the stepfather got arrested. Now my boyfriend is receiving an injunction saying that he cannot step any closer than 500 feet of the property but he was the victim and his stepfather was the aggressor and attacked him. How can you put an injunction and make up stuff about someone just because you're upset about getting charged with aggravated assault with a deadly weapon? can my boyfriend be charged with anything because of a false injunction?

dianedj55
Post 5

I have a temporary injunction against my husband for domestic abuse (waiting for the hearing). We attend the same church. Does this mean I have to stop going to the church? I am involved in the drama ministry and told I can't participate because he can be at the church and my participation would show I'm not afraid of him because I am in the same place he will be. I had dropped out of church and lost touch with my friends because I felt I had to quit going but am I not the victim. Isn't he the one who has to quit attending due to the injunction?

cmblost1
Post 4

What are my rights if I am being sent an injunction for violating a non-compete agreement with an ex-employer? The employer is very disorganized in it's communication and scheduling hours of their employees. I was going to quit and they asked me to come in and talk with them, then they terminated me before I could say *I quit*!!

Papagoman
Post 2

How do you get an Injunction?

anon7888
Post 1

Joe has 10yr injunction against respondent but, wants to come next door to respondent home 50ft when order states 1000ft from petitioner will respondent be in violation?

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