What is an Injunction?

definition

An injunction is ordered by a court and bans a person or persons from a specific behavior. For example, the most common type of injunction is a restraining order. This prohibits a person who has either posed a physical or emotional threat to another from having any contact with that person. Additionally the injunction may include actual measurements of how close a threatening person may come toward the person threatened. Violation of an injunction of this type may mean immediate arrest.

Often a restraining order injunction is temporary at first. Many last for little more than a week. To continue the restraining order, those requesting the order must go to court and prove that the order should stand on a more permanent basis. If the person requesting the order cannot prove the need for its continuance, the injunction will last for only the short time specified by the judge. This is sadly often the case with an injunction restraining order issued against an abusive spouse. Abused spouses often rethink prosecuting their husband or wife and let the charges drop because they are afraid that even a restraining order will not keep them from harm.

It is true that a restraining order injunction does not actually physically keep one from disobeying the judge’s order. However, it makes criminal cases easier to pursue if the injunction is violated. But in the case of domestic abuse, the abuser may significantly harm or kill his or her partner while violating the injunction. Unless police protection is offered, the injunction is not a safeguard against harm from an abuser.

Another type of injunction is a media gag order. In these cases a judge may prohibit the media from reporting on a high profile trial until the trial’s conclusion. Gag orders are also frequently issued to protect accusers, like former members of the mafia, and to guard their whereabouts during testimony and a trial. Usually children or rape victims do not require an injunction of media silence because confidentiality laws protect them.

Gag orders may also assist a jury to make a decision without prejudice from media sources. An injunction may also be issued to either sequester a jury, or ban them from reading certain materials, or viewing certain programs that may influence decisions rendered. In very high profile cases, sequestering a jury may be the only way to ensure a fair verdict.

An injunction may be appealed by those barred from a particular activity. Some will ask a judge to order an injunction where there is not cause to do so. In these cases, the decision may be appealed. Further, a counter-injunction may be issued against the person who initially asked for an injunction, to prevent further harassment.

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New: Discuss this Article

Posted by: Papagoman
How do you get an Injunction?
Posted by: anon7888
Joe has 10yr injunction against respondent but, wants to come next door to respondent home 50ft when order states 1000ft from petitioner will respondent be in violation?

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Written by Tricia Ellis-Christensen

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