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Injunctions 101

An injunction is a type of remedy that may be granted as well as damages. This is enforced by the court and ensures that the other party either does a specific act or refrains from doing so. Restraining orders are an example, restricting the other party from any contact with you. They can be either temporary or permanent, and the temporary is usually issued before the trial. After the outcome of the case, a permanent one may be granted.

Types of Injunctions

Besides obtaining an injunction in the form of a restraining order, you may also receive one for copyright infringement, invasion of privacy, nuisances, and overturning laws.

For copyright infringement, you can seek this remedy from someone who used your copyrighted material without your permission, thereby violating the copyright. On the opposite side, someone can seek this action against you to stop you from using their copyrighted material.

Under an invasion of privacy, this type of relief can put a stop to someone using your personal photos, videos, or other personal effects to distribute to others, especially via the media. A person may seek one against you to prevent you from doing the same if you have any of the previously mentioned things and intend to distribute them without consent.

In property law, a nuisance can be physical or could also be emissions, smells, or debris. For example, if a factory opens nearby your house and causes a terrible smell or sends black smoke throughout the air, you may be able to get one against the factory which would cause them to either close up, move elsewhere, or find a way to eliminate the nuisance. In contrast, a person may seek this type of remedy against you if you or your property causes a nuisance to them.

You may also seek this relief if a previous law preventing you to do something has been overturned or if another law pre-empts that regulation.

This type of relief can be in addition to damages, and deciding whether to seek an injunction can be confusing and difficult. Contact a lawyer today to help you decide if this is a type of relief from which you may benefit.

Seeking Help for an Injunction

If you are facing a temporary injunction and feel as though it is unnecessary and violates your rights, seek legal assistance. Contact me, attorney William C. Miller, to help you provide the court reason that granting a permanent one is a violation. Phone (732) 472-5556.