Legal Definitions - permanent injunction

A permanent injunction is a court order that requires a person to either stop doing something or to do something specific. It is a final decision made by a judge in a case. A permanent injunction is only issued when money cannot fix the problem.

If someone does not follow a permanent injunction, they can be held in contempt of court. This means they could face criminal or civil charges.

When deciding whether to issue a permanent injunction, the court considers several factors. These include:

• Whether the plaintiff has suffered an irreparable injury
• Whether other remedies, like money, are not enough to fix the problem
• Whether the balance of hardships between the plaintiff and defendant justifies the injunction
• Whether the injunction would hurt the public interest

For example, if a company is causing a lot of pollution and harming the environment, a permanent injunction might be issued to make them stop. The court would consider the harm to the environment and the public interest in protecting it.

However, if a company has invested a lot of money in a factory and a permanent injunction would cause them significant harm, the court might not issue one. For instance, if a cement company invested $45 million in a factory, and the homeowners in the neighborhood sued them for creating a nuisance, the court might not issue a permanent injunction because it would hurt the company too much.

Overall, a permanent injunction is a powerful tool that courts use to make sure people follow the law and protect others from harm.