Enjoining

Enjoining is the act of issuing an injunction, a court order that requires a person or entity to do or to refrain from doing a specified action. The term is commonly used in civil and administrative proceedings to prevent harm or enforce rights.

Injunctions come in several forms. A prohibitory injunction bars a party from taking a particular action, while a mandatory injunction compels a party to take affirmative steps. Injunctions can be temporary or permanent. Temporary measures include temporary restraining orders (TROs) and preliminary or interim injunctions, designed to preserve the status quo while the case is litigated. A permanent injunction, issued after a full hearing on the merits, provides lasting relief.

Standards for granting an injunction vary by jurisdiction but often follow a four-factor framework: likelihood of success on the merits, irreparable harm if relief is not granted, the inadequacy of monetary damages as a remedy, and the balance of equities or public interest. In some systems, separate tests or criteria apply, and markets or regulatory contexts may influence the decision. The movant typically must provide notice and a compelling factual showing; in urgent cases, a court may grant relief ex parte and later require a hearing.

Enjoining a party is enforceable through contempt of court for violation. The scope of an injunction can be tailored to the case, sometimes covering broad actions or narrowly targeted conduct, and it is a common remedy in intellectual property disputes, contract litigation, environmental matters, and civil rights actions.