Obtaining an Injunction

An injunction is a court order requiring that a party refrain from a certain kind of conduct, and in some circumstances, requiring them to do something.  Oftentimes, parties ask for a preliminary injunction at the beginning of a dispute so that matters are frozen in place to give the court time to decide a case.  An injunction is a drastic remedy, and parties usually need to prove several elements when obtaining a preliminary injunction.

Irreparable Injury

The first element for obtaining a preliminary injunction is irreparable injury.  This means that if the court refuses to act, a party will be harmed in a way that cannot be undone by subsequent judicial acts.  For instance, if a party plans on destroying evidence, or taking other permanent activity that could seriously prejudice someone’s right, they should be able to satisfy the irreparable injury element.  What constitutes an irreparable injury varies from case to case, and an experienced lawyer should be able to tell if this element is satisfied in a given situation.

Balancing the Interests

The next thing to prove when obtaining a preliminary injunction is that the threatened injury to the moving party outweighs the harm to the target of the injunction.  There is usually going to be a winner and a loser to every request for a preliminary injunction.  One party is usually going to walk away with an order compelling the other party to refrain from doing something or to complete a specific act.  The court needs to make sure that in the grand scheme of things justice is done and the interests of the party that loses the injunction are not unduly harmed by the court’s order.

Likelihood of Success

Another important element for obtaining a preliminary injunction is likelihood of success on the merits.  A preliminary injunction is usually just a placeholder until the court has the chance to evaluate a claim on the merits and determine once and for all if the movant is entitled to relief.  Of course, the court does not expect that the parties will have all of the evidence that supports their position when they move for a preliminary injunction since this evidence is usually uncovered during the litigation process.  However, a court does usually require that the moving party prove a likelihood of success on the merits so the court can justify granting the requested interim relief.

There are many ways that a movant can prove likelihood of success on the merits.  Usually, parties present affidavits with testimony which prove that a given party can satisfy the elements to win a case on the merits.  In other situations, parties may present other documentary evidence such as photographs, reports, and the like to prove a party’s case.  An experienced litigator should be able to know what evidence will be persuasive to a judge and present a party’s arguments in a way most likely to result in a favorable likelihood of success finding.

Public Interest

Sometimes, when obtaining a preliminary injunction, the court also considers whether the public interest would be served by ordering a preliminary injunction.  The public interest varies from case to case, and some cases between private parties may not implicate the public interest.  In such instances, courts will focus on the factors above when rendering a decision about the injunction.  However, some cases implicate the public interest, such as matters involving constitutional law or cases that might have an impact on a substantial number of people.  In such instances, courts will evaluate the effect of an injunction on more than merely the parties that are part of the preliminary injunction hearing and ascertain if others would be impacted by a decision about a preliminary injunction.  Many factors are evaluated by the court when deciding if the public interest is implicated and an experienced attorney should know how to convincingly argue a position with the public interest in mind.

Temporary Restraining Order

Even before obtaining a preliminary injunction, parties may wish to obtain a temporary restraining order.  A temporary restraining order is usually the first step toward freezing a situation and prohibiting some kind of activity from occurring.  Parties usually obtain a temporary restraining order ex parte, meaning that they do so without much if any involvement by the other party.  In the order granting the temporary restraining order, the judge will usually schedule a date for the preliminary injunction hearing that will eventually be decided in a matter.

In order to obtain a temporary restraining order, the movant usually needs to prove all of the elements above.  However, the movant also usually needs to show that matters are exigent and relief is needed before a preliminary injunction can be decided upon.  As a result, the standard to obtain a temporary restraining order is high, and the order usually does not last for a long period of time, but parties should usually request this relief before asking for a preliminary injunction in a case.

The Rothman Law Firm is experienced in all manner of litigation matters, including obtain a preliminary injunction and a temporary restraining order.  If you are looking for an experienced New York and New Jersey litigation lawyer to help you obtain a preliminary injunction or work on another legal matter, please feel free to contact The Rothman Law Firm to request a free consultation.