Injunctions

The attorneys at The Dushkin Law Firm represent clients in obtaining and defending against requests for injunctive relief.  An injunction is an order from the Court telling the adverse party to do something or, more commonly, to restrain from doing something.  Injunctions are issued in order to prevent imminent and irreparable harm to a party.  Injunctive relief may be sought alone or in conjunction with other relief.  There are three different types of injunctive orders — temporary restraining orders (TRO),  temporary injunctions, and permanent injunctions – and each type has its own purpose and requirements.

All forms of injunctive relief can be very costly and should be used selectively.  A party seeking an injunction must file a sworn application, supply affidavits and/or other evidence to show there is imminent and irreparable harm, attend hearings before the Court to determine whether the injunctive relief should issue, and post a bond before the injunctive order can be served on the party to be enjoined.  Where collateral or other property is the subject of the injunction, the Court may hold hearings on the proper disposition of the property and the party seeking the injunctive relief will also incur costs to move and store the property.  The wrongful use of these remedies can result in a costly counterclaim or counter suit by the enjoined party.  Our attorneys will carefully advise clients in determining when the use of injunctive relief might be advantageous and cost-effective.