Legal Definitions - preventive injunction

A preventive injunction is a court order that prohibits an individual or entity from performing a specific action, or commands them to cease an ongoing action, to prevent future harm or the continuation of existing harm. Its primary purpose is to stop a wrongful act *before* it occurs or to halt it *as it is happening*, rather than to provide compensation for damage that has already been done.

Here are some examples illustrating how a preventive injunction works:

• Environmental Protection: A chemical manufacturing plant announces plans to discharge wastewater directly into a local river, a practice that environmental experts warn will severely harm aquatic life and contaminate drinking water for nearby communities. Before the plant begins its discharge, a local environmental advocacy group files a lawsuit and successfully obtains a preventive injunction. This court order legally prohibits the plant from releasing any wastewater into the river, thereby preventing the anticipated ecological damage and public health risks from occurring.

• Intellectual Property Infringement: A small business discovers that a larger competitor has started manufacturing and selling a product using a design and branding that are nearly identical to their own patented and trademarked product. The small business fears that this direct imitation will confuse customers, dilute their brand, and cause significant financial losses. They seek a preventive injunction, which, if granted, would immediately stop the competitor from producing, marketing, and selling the infringing product, thus preventing further damage to the small business's intellectual property rights and market position.

• Property Boundary Dispute: A homeowner begins construction on a new garage, but their neighbor observes that the foundation is being laid several feet onto their own property, violating the established property line. The neighbor immediately contacts an attorney and seeks a preventive injunction. The court issues an order halting all construction on the garage until the property line dispute can be resolved, preventing the permanent encroachment onto the neighbor's land and avoiding the costly and difficult process of demolishing an already built structure.