Kieltokäskyt

Kieltokäskyt, meaning prohibitory orders or injunctions in English, are legal instruments used to prevent an individual or entity from performing a specific action. These orders are typically issued by a court of law when there is a clear and present danger of irreparable harm occurring if the action is not immediately stopped. The purpose of a kieltokäsky is to maintain the status quo and prevent further damage while a more thorough legal process, such as a trial, takes place.

To obtain a kieltokäsky, the party seeking the order must demonstrate to the court that they are likely to succeed on the merits of their case and that the harm they will suffer without the order outweighs any harm the opposing party might experience from being restrained. In urgent situations, a temporary restraining order (väliaikainen kieltokäsky) can be granted ex parte, meaning without hearing from the other side, but this is usually short-lived and followed by a hearing where both parties can present their arguments.

Kieltokäskyt can be used in a wide range of legal contexts, including civil disputes, such as intellectual property infringement, contract disputes, or property disputes, as well as in cases involving harassment, domestic violence, or environmental protection. The specific requirements and procedures for obtaining and enforcing a kieltokäsky vary depending on the jurisdiction. Failure to comply with a kieltokäsky can result in severe penalties, including fines or even imprisonment.