Have you heard the term “preliminary injunctions” thrown around in popular media as if this is something that you should fully understand? Do you find yourself frustrated because you really don’t know what that term means and yet feel that you should? The good news here is that there are a lot of people out there who have no idea what this term means. The fact that it continues to get tossed around casually by the media is something that is mesmerizing and an issue. It is time that we learned more about what this is and why it matters.
How Injunctions Work
An injunction may be issued by just about any level of court in the country. The purpose of an injunction is to have an individual or company cease or continuing performing a particular action. The court may deem it necessary to have that individual or corporation stop doing what they are doing. If they deem that this is in the interest of the other party in the lawsuit, then they will quickly issue the injunction.
A temporary injunction is something issued by a court to help bring some temporary relief to the situation that is before the court. It is not necessarily the final say on the matter, but it is a step towards bringing a halt towards what is happening at that particular moment.
Injunctions In The Media
Some of the times when you may have heard about the word “injunction” before may have had to do with hot topic news issues. If a court is about to make a major decision, they may also thrown in an injunction that restricts their ruling from going into immediate effect until a higher court has had the opportunity to take a look at the ruling. This is a way of deferring the settlement of a particular case until a higher court has looked at it. This is typically done when the losing side of a case asks the court to hold off on making its ruling effective right away.
Injunctions are a common occurrence as the courts have had a long tradition of deferring to the higher courts. They know that the odds are that the ruling will be challenged in a lawsuit at any rate. This saves the trouble of the higher court from having to undo so much of what the lower court has already done. It is a great way to avoid at least some of the complications that are likely to occur.
Reasons Why An Injunction May Be Issued
There are reasons why a court may issue an injunction. The courts are supposed to follow these outlines when they see a case brought before them. They need to have at least some of these issues existing in these cases for them to put in an injunction on the case. Some of these include:
The court must consider how these factors among others play into the case that is presented before them. Is there a chance that a ruling by a lower court is going to cause irreparable harm to the losing party? That is when a court may issue an injunction immediately. It was something that came up time and time again during the Bush V. Gore case following the 2000 election. It was highly controversial at that time, and injunctions continue to remain controversial in many cases. Whomever the injunction is being issued against is not likely to be all that supportive of it.
Getting A Lawyer For An Injunction Situation
An attorney is a necessity when it comes to a situation in which an injunction is called for. It doesn’t matter if you need to have the injunction issued or if an injunction has been issued against you, you will need an attorney regardless.
The reality is that sometimes it is in your interest to have an injunction come into play to halt an adverse ruling against you. Your attorney can lobby the courts for this and have it issued as quickly as possible. At the very least this will mean that you will have more time to continue to try to make your case before a court. Buying time is not the only objective here, but it is a big deal when you are trying to find a court that can understand exactly where you are coming from. Then and only then can you rest assured that you have exhausted your judicial options and done everything that you can to make your case.
You will want to hire an attorney who has worked in these types of legal situations before. It takes a special kind of attorney to know exactly what they are supposed to do to work out an injunction to the best of their ability for their client. Think about this and realize that you only get one real opportunity to make your case and to get or avoid an injunction. This is all too high risk to not have an expert working right next to you helping move your case through the system. It is all a matter of getting it right, and you know that you need an expert to make that happen. You can do this, but you need to make sure you do not waste another minute trying to do any of this by yourself.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201