Temporary and permanent Injunctions Civil law office

Injunctions are a very powerful legal tool that are used in many civil lawsuits. They may serve as a solution to business disputes, lead to the closure of factories that are a noise nuisance or that cause pollution for neighbors, stop the execution of contracts, and the list goes on. Below, a civil lawyer and partner of our law firm, explains exactly what a restraining order or injunction is and how to have it issued.

Our law offices in Jerusalem and Tel Aviv specialize in civil law. Our lawyers have extensive professional experience in handling requests for restraining orders and temporary remedies (judicial relief), representing clients in civil lawsuits and in alternative dispute resolution proceedings, and more.

Injunctions – What Are They and What Purpose Do They Serve?

There is often a significant gap between the legal meaning and daily use of terms. One example of this is the term “injunction.”

What is an injunction? It is often necessary to stop something that is currently happening or that is expected to happen in the future. A restraining order, or injunction, is the main legal tool used for this purpose. It enables freezing the current situation and preventing occurrences that may change it. Accordingly, it is used in a variety of civil proceedings.

There are many different cases in which injunctions may be useful. Prominent examples are business disputes, such as disputes about allocating shares in a company or distributing dividends. In cases where shares are allocated in a discriminating way, the discriminated shareholders may take the case to court and request an injunction. The same goes for contractual matters, in which injunctions are often used. For example, when a contract that is about to be executed is harmful to a third party, an injunction may be requested against the execution of the relevant section in the contract.

Restraining orders are also used in tort claims. For example, when a certain factory causes unbearable noise or air pollution, nearby residents who suffer from this may request a restraining order. Another prominent area in which injunctions are often used is intellectual property. For example, in cases of copyright or trademark infringement, it is possible to turn to the court and request a temporary injunction. These are only some of the cases in which injunctions may be used in a lawsuit.

What Do You Do If You Need an urgent injunction?

There are two types of injunctions, temporary and permanent. A permanent injunction may be issued in a ruling following a lawsuit, in addition to claiming damage compensation, for example. However, as is well known, lawsuits may last for a long time. To get an injunction immediately, the regulations regarding civil lawsuits allow requesting a temporary injunction. This order is valid for a period of time determined by the court.

The Conditions for Receiving a Temporary Restraining Order

A temporary restraining order may be requested even before filing the lawsuit, and even if only one party is present. If the order is requested before the lawsuit, the lawsuit must be filed within seven days of the request. The order is not automatically issued, since it may have critical implications. Remember that the order is usually issued at the beginning of the proceedings, even before evidence supporting the lawsuit has been submitted and examined. Therefore, the courts are very cautious about issuing a temporary restraining order.

Over the years, various conditions have been established for examining requests for restraining orders. One of these conditions is that proof must be provided showing that the order is necessary. That is, proof must exist regarding the need to issue an injunction at such an early stage, and that a decision about this cannot wait until the end of the proceedings. Also, alleged evidence supporting the request for a restraining order must be presented. It must be shown that the damage caused to the person requesting the restraining order exceeds the damage caused to the person against whom the order is to be issued or anyone who depends on them.

A temporary restraining order will not be issued in cases where the court is under the impression that the person requesting the order has bad intentions; for example, if they hide important facts that are relevant to the request. The same goes for a delay in filing the request, that is, if the request could have been filed earlier but was not. The conditions mentioned above show that restraining orders are not easily issued. Therefore, special legal expertise is needed when filing a request for a temporary restraining order.

Contact a Civil Lawyer

As you can see, an injunction or a restraining order (whether temporary or permanent) is a handy legal tool. However, the procedure for receiving one is complex, and requires legal expertise and experience. For personal inquiries regarding restraining orders and civil lawsuits, you can contact a lawyer from our offices who specializes in the field. We specialize in the various branches of civil law. Our lawyers have extensive experience in assisting and representing clients in lawsuits related to contract law, corporate law, tort law, intellectual property, labor law, and more.