injunksjon

An injunction is a court order that compels a party to do or refrain from doing a specific act. It is a remedy in civil litigation, often used when monetary damages are insufficient to resolve a dispute. Injunctions can be temporary, lasting for a short period during litigation, or permanent, issued after a trial to provide a final resolution.

There are several types of injunctions. A preliminary injunction is granted after a hearing and before a final decision, typically to prevent irreparable harm while the case is ongoing. A prohibitory injunction orders a party to stop a particular action, such as infringing a patent or trespassing. A mandatory injunction, less common, requires a party to perform a positive action, like removing a structure that violates a contract.

To obtain an injunction, a party usually must demonstrate a likelihood of success on the merits of their case, that they will suffer irreparable harm without the injunction, that the balance of hardships favors granting the injunction, and that the injunction is in the public interest. The court weighs these factors before issuing such an order, as injunctions can significantly impact the parties involved. Failure to comply with an injunction can result in contempt of court charges, leading to fines or even imprisonment.