Preliminary injunctions are remedies that operate as temporary court orders in civil cases. They’re not determinative of the final issues in a civil case. Temporary injunctions (TROs) might restrain a party to a case from acting further. A minority of them compel a party to continue to act further, but those TROs can be difficult to enforce. Upon presentation of the evidence, a TRO might turn into a preliminary injunction, and a preliminary injunction might turn into a permanent injunction.
A preliminary injunction lawyer typically works in courts of equity. That lawyer must convince a judge that his or her client could suffer irreparable harm if a preliminary injunction isn’t granted. He or she is either asking the presiding judge to do or not do a certain act until such time as that judge issues a ruling on a permanent injunction. Two of the keys to succeeding on a petition for a preliminary injunction are a showing of irreparable harm if the preliminary injunction isn’t entered and a likelihood of success at time of trial on the merits of the case.
First and foremost, preliminary injunction lawyers must be experienced and strong litigators. After that, they should possess expertise in the area of the law that the petitioner is seeking an injunction in. For example, a person who wishes to stop the planned construction of a hotel would probably want an attorney with a strong background in real estate litigation. To stop cutting forested land, an environmental litigator might be a good choice.
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