A preliminary injunction is a legal order issued by a court that restricts a party from taking a specific action temporarily or requires a party to take a particular action until a final decision is made in a legal dispute. This type of injunction is usually sought during the initial stages of a lawsuit before a full trial is conducted on the merits of the case.
A preliminary injunction’s primary purpose is to maintain the status quo and prevent irreparable harm while the legal proceedings unfold. It is an extraordinary remedy granted when there is a pressing need for immediate relief.
To obtain a preliminary injunction, the petitioner or plaintiff seeking it usually needs to demonstrate:
- Likelihood of success on the merits of the case.
- Irreparable harm that would occur without the injunction.
- The balance of hardships favors the petitioner.
- The injunction is in the public interest.
A preliminary injunction is not a final decision of the case, but a temporary measure designed to maintain the status quo until a full trial can take place and a final decision is reached. Generally, before granting a preliminary injunction, the court will hold a hearing where both parties have the opportunity to present evidence and arguments. In some cases, an emergency or “ex parte” hearing may be allowed, where one party seeks the injunction without notifying the other party.
The court may require the party seeking the injunction to post a bond or other security to compensate the opposing party for any damages suffered if it is later determined that the injunction was wrongly issued. The court may modify or dissolve a preliminary injunction based on changed circumstances or if it is determined that the injunction was improperly granted.
Preliminary injunctions are commonly used in various legal contexts, such as in cases of intellectual property disputes, contractual disagreements, or issues involving the violation of rights. The specific procedures and requirements for obtaining a preliminary injunction may vary based on jurisdiction and the nature of the legal claim.
