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Injunctive Relief
- Prohibitions against creating nuisances
- Preventing Irreparable breach of contracts
- Enforcing non-competition agreements
- Enforcing non-disclosure clauses
- Forcing the return of a unique possession
The three main types of injunctive relief are temporary restraining orders, preliminary injunctions, and permanent injunctions. A temporary restraining order is a short-term injunction issued before a formal court hearing. These are usually issued when there is a danger that a delay in issuing an injunction will cause irreparable harm. A preliminary injunction, meanwhile, is a court order prohibiting a party or forcing a party from doing something in dispute until there is a final court judgment. Finally, a permanent injunction is a court order that a party ceases certain activities permanently or performs certain acts.
South Florida Injunctive Relief
When your rights are in question, time is of the essence, especially when priceless possessions are at stake for which there are no suitable monetary remedies. That is why you need to contact the right legal team to help get you the relief you need before further damage can be done. Contact the Trembly Law Firm to begin the proper steps in ensuring your rights are no longer trampled upon.
Overview of Injunctive Relief
Courts can provide two types of relief when someone suffers damages: equitable relief and legal relief (also referred to as equitable remedies and legal remedies). One specific kind of equitable relief is “injunctive relief.” Injunctive relief occurs whenever a court orders a person or entity to either perform a specific action or to refrain from performing an action. Injunctive relief is sometimes necessary when a person’s actions are causing harm or are about to cause harm. Injunctive relief can be used both to prevent future harm and to stop current harm from continuing unabated.
Here are a few common situations in which injunctive relief may be necessary:
- You need to stop a property nuisance
- You need to prevent a breach of contract
- You need to enforce a non-compete agreement
- You need to enforce a non-disclosure agreement
- You need a certain item returned (i.e. a work of art)
Three Types of Injunctive Relief
There are three types of injunctive relief:
(1) temporary restraining orders
(2) preliminary injunctions
(3) permanent injunctions.
A temporary restraining order is, by definition, a short-term injunction which is used prior to a formal hearing on a certain matter. The logic behind such orders is that failing to issue an injunction would likely lead to irreparable or significant property damage.
A preliminary injunction can be thought of as a slightly more substantial injunction. This injunction forbids a person or entity from engaging in certain behavior while a dispute is still being settled in court. This preliminary order stays in place until a final court judgment is declared. A permanent injunction is the most serious type of injunctive relief. This type of order permanently forbids a person or entity from engaging in a certain type of behavior.
Hire a Miami Lawyer for Injunctive Relief
Contact Trembly Law Firm for Additional Information
Frequently Asked Questions
South Florida Business Attorney Brett Trembly addresses commonly asked business law questions in his Video of the Month series. If you have any questions for us, or if you need immediate legal assistance, please contact us today.
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