Kieltokäsky

Kieltokäsky, often translated as prohibitory order or injunction, is a legal term referring to a court order that compels a party to refrain from performing a specific act. This type of order is a form of equitable relief, meaning it is granted by a court when monetary damages are insufficient to address the harm caused. Kieltokäskyt are typically issued in situations where irreparable harm might occur if the act is not stopped.

There are two main types of kieltokäskyt: temporary and permanent. A temporary prohibitory order, often called a preliminary injunction, is issued early in a legal proceeding to preserve the status quo until a full trial can be held. To obtain a temporary prohibitory order, the party seeking it usually must demonstrate a likelihood of success on the merits of their case, that they will suffer irreparable harm if the order is not granted, that the balance of hardships tips in their favor, and that the injunction is in the public interest.

A permanent prohibitory order, on the other hand, is issued after a full trial on the merits. It is a final judgment that permanently prohibits the specified action. Kieltokäskyt are used in a wide range of legal contexts, including intellectual property disputes, contract disputes, disputes over real estate, and cases involving harassment or domestic violence. The specific requirements and procedures for obtaining a kieltokäsky can vary depending on the jurisdiction and the nature of the case. Failure to comply with a prohibitory order can result in severe penalties, including fines and imprisonment for contempt of court.