What Is an Injunction? Understanding the Basics
An injunction is one of the most powerful and misunderstood tools in the world of civil litigation. Both businesses and individuals need to understand what an injunction is and how it works. Whether you are a business owner trying to prevent a competitor from using confidential information or an individual facing threats to your property or safety, an injunction can help prevent immediate and irreparable harm from happening. This article breaks down the basics of injunctions under Tennessee law.
What Is an Injunction?
An injunction is a court order requiring a party or parties in a civil case to refrain from doing something or to do something. The former type of injunction is called a prohibitory injunction, while the latter is called a mandatory injunction. Injunctions fall under equitable relief, which is usually granted when financial compensation alone would not be enough. Injunctions are meant to preserve the status quo in circumstances where doing or failing to do certain things would cause irreparable harm to one of the parties.
In Tennessee, injunctions can be used in a wide range of civil litigation matters, including;
- Preventing copyright or trademark infringement
- Preventing trespassing or interference with property rights
- Protecting trade secrets, patents, and copyrights
- Enforcing non-compete agreements
- Preventing a breach of contract
- Restraining individuals from engaging in harassment or creating nuisances
An injunction can be a powerful tool because it can stop harmful actions before they happen and protect your rights before you suffer permanent damage.
Types of Injunctions in Tennessee
Rule 65 of the Tennessee Rules of Civil Procedure recognizes three main types of injunctions:
- Temporary Restraining Order (TRO)
A temporary restraining order, or TRO, is issued without a hearing and sometimes without notice to the party it is directed against. TROs are considered emergency relief. They are designed to stop immediate harm until a full hearing can be held. Usually, this type of injunction lasts for up to 15 days after it is issued.
- Temporary Injunction
A temporary injunction provides longer-term relief that stays in effect while the lawsuit is ongoing. This type of injunction remains in effect until dissolved on motion or modified, or until the court grants or denies a permanent injunction. Unlike a TRO, a temporary injunction cannot be issued without notice to the adverse party.
- Permanent Injunction
Permanent injunctions are issued at the end of the trial as part of the court’s final judgment if the court finds that ongoing or future harm is likely to happen. A permanent injunction remains in effect indefinitely unless the court modifies it.
Conditions for Granting an Injunction in Tennessee
For the court to grant you an injunction, you generally must prove the following;
- You are likely to suffer irreparable harm without the injunction
- The injunction’s benefit to you outweighs its burden on the defendant
- The injunction is in the public interest
- The likelihood that you will succeed in the eventual trial
Bond Requirement
It is vital to note that under Rule 65.05, you may be required to post a bond with surety (unless you file on pauper’s oath) before a restraining order or temporary injunction can be granted. The bond must be enough to cover costs and damages the restrained party may suffer if later found to have been wrongfully restrained or enjoyed.
Contact Us for Legal Help
If you need help seeking an injunction, contact our skilled Knoxville civil litigation attorneys at Reynolds, Atkins, Brezina & Stewart, PLLC, at 865-500-3121 or online.
Source:
tncourts.gov/sites/default/files/docs/civil_the_who_what_how_and_where_of_injunctions_-_handout.pdf
