California is home to many big money settlements and verdicts. But if you’re filing a lawsuit, you may need to ask the court for something besides money. Depending on your situation and the problem you face, there are many different things that a court can potentially order. One example is an “injunction.”
An injunction is a court order that requires someone to either do or not do something. For example, if your inheritance rights are in jeopardy because of something a personal representative is about to do, then you might be able to ask for an injunction to prevent the transaction.
If you’re a business owner, then what would you do if another business was using your trademark (such as your business’s name or logo)? If you need to sue, would it be enough to ask for only money? Would a money judgment stop the competing business from using your trademark? Maybe, maybe not. That’s why you would probably ask for an injunction that specifically orders your competitor to stop using your trademark.
Without an injunction, there are many situations where you’d be stuck having to sue someone over and over again because that person could continue violating your rights.
Do injunctions last forever?
Some types of injunctions that are temporary. If there’s an emergency you may be able to get a temporary injunction that will last only until the court is able to make a final decision on the case.
Even if you get a “permanent” injunction at the end of a trial, sometimes it can modified later. An injunction can even come with an expiration date.
When can you get an injunction?
A request for an injunction isn’t taken lightly and not every case will qualify for one. To get a temporary injunction while your lawsuit is pending, here are some of the main things you’ll generally need to prove:
1. That monetary compensation wouldn’t be enough in your case
2. There’s a big enough threat that you’ll suffer permanent harm if the injunction isn’t given
3. You’ll very likely win the case
4. You’d suffer more harm if you don’t get the injunction, compared to any harm the defendant would suffer if are given the injunction
If you believe your rights are being violated and that monetary compensation isn’t enough in your case, we’ll evaluate your chances of getting an injunction in court. This may be the best way to protect your rights, or prevent future lost profits. Get the legal help you need from an experienced attorney by contacting San Diego Law Firm’s at (619) 794-0243.
