A permanent injunction refers to any court order that requires an entity or individual to take certain actions or refrain from participation in certain activities. Permanent injunctions will normally be issued after a lawsuit regarding an underlying activity has reached its conclusion.
Permanent injunctions are different from preliminary injunctions. A preliminary injunction is issued at the beginning of a lawsuit proceeding, and it often exists on a temporary basis. Permanent injunctions, on the other hand, refer to the resolution of a lawsuit. If the defendant was found to be guilty of unlawfully participating in an activity, a permanent injunction is a permanent order to stop. Alternatively, if the defendant was found to owe the plaintiff reparations or back payment, the permanent injunction would make the payment requirements clear.
Injunctions are powerful tools in the court system. If a party refuses to comply with the terms of the injunction, they may be fined, arrested, or even face prison time. Prison time usually isn’t a factor in civil negotiations, but it can be one in cases where domestic violence was involved.
An injunction is a remnant of English common law, and finds historical roots as early as the fourteenth century. Before injunctions began to appear in English law, similar orders were a part of Roman law. An ancient Egyptian tablet is inscribed with legal means to restore the assets of a party whose rights had been violated.
The Relationship Between Permanent Injunctions and Lawsuit Rulings
When a permanent injunction is handed down, it’s usually part of the final ruling of a lawsuit. These are the most powerful types of injunctions due to their permanent status. The court will order an activity to either continue or cease on a permanent basis. Depending on the case, a preliminary injunction’s terms might be continued into a permanent injunction.
One example of this would be if a lawsuit was brought against a person for violating copyright law. The preliminary injunction might order the person to stop selling creative material that belonged to the plaintiff. This injunction is meant to be a temporary measure that fixes the problem while litigation occurs.
If the defendant was found to be not guilty of misusing intellectual property, the preliminary injunction would be lifted, and they would be free to continue their activity. However, if the defendant was found guilty, the judge may turn the preliminary injunction into a permanent injunction. The defendant would then be permanently banned from participating in their misuse of intellectual property.
The media doesn’t tend to focus much on permanent injunctions. This may be because permanent injunctions are considered to be just part of the sentence, and so people don’t often acknowledge that they’re an “injunction.”
There was an example of an injunction in media in 2013. Apple petitioned a federal court to place a permanent injunction against the company Samsung, in order to prevent Samsung product sales that infringed on Apple’s copyrights. If the injunction was granted, Samsung would permanently lose the ability to sell those products.
In the world of business litigation, injunctions might be brought against both individuals and businesses. Business owners might be faced with a permanent injunction if they’re found to be personally at fault following a lawsuit. But if their company’s practices and policies were at fault, the judge would issue the injunction against the company instead.
When Injunctions Are Issued
There are four main factors that a court will consider when they decide whether or not to issue an injunction:
Will irreparable harm be done to the party requesting the injunction if their request isn’t granted? This factor comes into play more often with temporary injunctions in domestic violence cases than with permanent injunctions.
What choice will best preserve balance between the two parties? Would issuing an injunction harm the defendant, or would failing to issue one harm the plaintiff?
Is the injunction request based on a potentially successful case? Where permanent injunctions are concerned, the case has already been successful.
Will an injunction have a positive or negative effect on the public? This is especially relevant if there is a lot of media buzz and PR associated with the case.
When Do You Need a Permanent Injunctions Lawyer?
A permanent injunction represents the end part of a case. This means that you’ve been involved in a long-winded lawsuit already. You should have an experienced attorney on retainer, especially if they’re representing your business. An ideal litigation lawyer will have a history of successful lawsuit negotiations.
If a permanent injunction is issued against you, and the lawsuit’s final ruling is complete, you may be entitled to an appeal process. The exact details will depend on the circumstances surrounding the case. Your lawyer can explain whether you have any options going forward. If you aren’t able to appeal, your lawyer will help you understand the terms of the permanent injunction, including plans for how to uphold it.
If you’re seeking to have a permanent injunction filed against another party, you need a lawyer with experience litigating strong cases. They’ll need to know how to gather evidence to support your claims and make a convincing case to the judge. They’ll also need to know how to negotiate with the other involved parties. Before the lawsuit process begins, your attorney might be able to make the defendant stop by sending a cease and desist letter.
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