A civil court injunction is an order that requires an individual, business or other entity either to stop or continue a specified activity. There are two general types of injunctions: temporary injunctions and a permanent injunctions. If you, your business or some other entity you operate faces harm through the actions (or the failure to act) of another individual, business or organisation, a civil court injunction might be the appropriate relief. Obtaining a civil court injunction is not an easy process. You need to understand how to file a civil court injunction in order to attempt to achieve the relief you believe you need.
Draft a petition for a civil court injunction. You can obtain standard forms from the court clerk's office to assist you in preparing a petition for a civil court injunction.
Request the issuance of a temporary or emergency injunction pending a hearing on a permanent injunction. Include facts sufficient to establish that absent an immediate temporary or emergency injunction, you, your business or organisation will suffer irreparable harm. A hearing is not required before the issuance of a temporary restraining order.
Include language in your petition for a civil court injunction requesting a permanent injunction as well. A permanent injunction requires the other party to halt the activities complained of (or to carry out a promised task) into the future. A permanent injunction is not considered by the court until a full hearing is conducted on your petition.
Prepare an affidavit (statement signed under oath in front of a notary public) to attach to your petition. The affidavit sets forth the specific allegations as to why you are entitled to a civil court injunction.
File the petition for a civil court injunction with the clerk of the court.
Request the clerk of the court to serve the petition for a civil court injunction on the opposing party. If the judge signs a temporary civil court injunction, it will be served at the same time.
Obtain a hearing date on your petition for the permanent civil court injunction from the clerk of the court. Notify the opposing party of the hearing date and time.
Appear at the hearing to present evidence and arguments supporting your request for a civil court injunction. If you persuade the court that you will suffer irreparable harm absent a permanent injunction order, the court will grant you the relief requested. If you do not meet this objective, the court will dismiss the temporary injunction.
- "Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions;" Kirstin Stoll-DeBell; 2009
- Cornell Law School: Injunction Overview