a writ (order) issued by a court ordering someone to do something or prohibiting
some act after a court hearing. The procedure is for someone who has been or is
in danger of being harmed, or needs some help (relief) or his/her attorney, to a)
petition for the injunction to protect his/her rights; to b) get an "order to show
cause" from the judge telling the other party to show why the injunction should
not be issued; c) serve (personally delivered) the order to show cause on the party
whom he/she wishes to have ordered to act or be restrained ("enjoined"); partake
in a hearing in which both sides attempt to convince the judge why the injunction
should or should not be granted. If there is danger of immediate irreparable harm
at the time the petition is filed, a judge may issue a temporary injunction which
goes into effect upon it being served (deliver or have delivered) to the other party.
This temporary injunction will stay in force until the hearing or sometimes until
the outcome of a lawsuit is decided in which an injunction is one of the parts of
the plaintiff's demands (in the "prayer"). A final and continuing injunction is
called a permanent injunction. Examples of injunctions include prohibitions against
cutting trees, creating nuisances, polluting a stream, picketing which goes beyond
the bounds of free speech and assembly, or removing funds from a bank account pending
determination of ownership. So-called "mandatory" injunctions which require acts
to be performed, may include return of property, keeping a gate to a road unlocked,
clearing off tree limbs from a right-of-way, turning on electricity or heat in an
apartment building, or depositing disputed funds with the court.
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