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How Do You Get A Permanent Injunction In A Civil Case?

28 April 2023

Tracy Roberts

A permanent injunction is a court order that informs one party to either cease or take action now and going forward. It is one of the stronger remedies available in American civil law. You might be wondering how you can get a court to issue a permanent injunction, so take a look at the process.

Requesting Relief

Presumably, you haven't filed a legal suit at this point. The first thing you'll want to do is to meet with a civil litigation attorney to discuss your case. Foremost, they'll want to determine if seeking an injunction of any type is the best option. Injunctions are reserved for irreversible harm in America's legal system. Generally, if the defendant can put things back or simply compensate you to correct the harm, a court won't grant an injunction.

It is wise to present your lawyer with evidence of the potential harm. For example, a community group that's trying to stop a housing development from taking over a woodland would likely argue that the defendant can't put the old-growth trees back.

Suppose a civil litigation attorney accepts your case and moves forward with your argument. They are going to send two requests to the court. The first is a prayer for relief, a request that a judge will hear the case. Second, they will seek a temporary injunction. This is an order that halts the offending action or compels an action until the court has time to review the case. It is a small victory, but you haven't made it to a permanent injunction at this point.

Hearing

If a judge believes there's at least some merit to your case, they will schedule a hearing. The judge may also ask the two sides to submit briefs explaining why they're right and to provide supporting evidence. Plaintiffs usually request permanent injunctions at this time to ensure the judge knows that's their goal.

At the hearing, the judge will weigh the merits of the case. Usually, the defense will file a motion to dismiss while the plaintiff will file a motion for summary judgment. If the judge believes the case is weak, they might dismiss it right then. Likewise, if they believe the case is strong, they might rule in favor of the plaintiff, grant summary judgment, and enter a permanent injunction.

However, the court may order the sides to negotiate. The court could also schedule more hearings. In most jurisdictions, parties don't have a right to a jury trial while seeking an injunction. Instead, the judge will eventually decide whether to issue a permanent court order.

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