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Legal Definitions - temporary injunction
Definition of temporary injunction
A temporary injunction is a court order issued early in a lawsuit, before a final decision is reached, to prevent immediate and irreparable harm or to maintain the existing situation (the "status quo") until the case can be fully heard and decided. Its purpose is to protect a party from suffering significant damage that cannot be easily reversed if they ultimately win the case.
Here are some examples illustrating how a temporary injunction might be used:
Example 1: Protecting Intellectual Property
A small tech startup discovers that a former employee, who signed a non-disclosure agreement, is about to launch a competing product using the startup's proprietary software code and customer list. The startup immediately files a lawsuit and requests a temporary injunction. The court might grant this injunction, ordering the former employee to halt the launch of their product and cease using the stolen information until a full trial can determine whether the intellectual property was indeed misappropriated. This prevents the startup from suffering irreversible damage to its market position and trade secrets while the legal process unfolds.
Example 2: Preventing Environmental Damage
A local environmental group learns that a construction company plans to begin clearing a protected wetland area the following week, despite ongoing legal challenges to the development permit. The group files a lawsuit arguing the permit was improperly issued and seeks a temporary injunction. If granted, the injunction would immediately stop the construction company from clearing the land, thereby preventing irreversible destruction of the habitat until the court can fully review the legality of the permit and the environmental impact. This preserves the natural environment while the legal dispute is resolved.
Example 3: Safeguarding Property Rights
A homeowner discovers that their neighbor has begun constructing a fence that encroaches significantly onto their property, according to a recent land survey. The homeowner files a lawsuit to establish the correct property line and requests a temporary injunction. The court might issue an order compelling the neighbor to stop all construction on the disputed portion of the fence. This prevents further encroachment and potential damage to the homeowner's property, maintaining the existing property boundaries until the court can make a final determination on the exact property line.
Simple Definition
A temporary injunction is a court order issued early in a lawsuit that requires a party to do or stop doing a specific act. Its purpose is to preserve the existing situation until the court can make a final decision on the merits of the case.