Do you sometimes find yourself in situations where your patience is tested to the limit? What do you do? Imagine this: Your neighbor has been dumping garbage on your lawn, every single day. You politely asked him to stop, but you realized that a simple request is not enough. He doesn’t cooperate; he doesn’t stop. It is good to know that when nuisance and disturbance are beyond its limits, you can do something about it. Filing an injunction is the answer.
You have probably wondered what an injunction is all about — it is merely taking your complaint to the next level, in a legal way. Of course, this is no trivial matter. Your complaint should be well-founded and must be able to prove that if not restrained, the offender’s actions would cause harm. An injunction is about asking the court to intervene. Its scope is not only limited to prohibiting someone from doing something but can also compel someone to start doing something. The court calms the situation and imposes penalties if the same offender repeatedly disrupts harmony.
How to File for Injunction
Since it is like any other kind of complaint, you start with presenting your claim to the court, along with your evidence and other necessary documents. This step will eventually lead to a proper lawsuit, so expect a filing fee for this step. Presenting your complaint to the court means that you are requesting them to issue a court order that would require a person, or a company, to either stop or start doing something. You might suggest what remedy to take or even suggest bonds for the accused.
Types of Injunction
Injunctions can last for months up to a year, depending on the circumstances. Here are the three types of injunctions:
Preliminary Injunction – It is the most basic injunction that you can file for and the most effective. It restrains the other party from doing a particular action. It lasts throughout the due process of the lawsuit. It can be granted before or even during the trial, and it ensures your safety until the case reaches a final judgment.
Permanent Injunction – This injunction is granted if you already obtained the preliminary injunction previously, and the case has already been judged — provided you won the case. You can also merit this when the other party violated the rules of the preliminary injunction; this means that the other party will either be restrained or ordered to do something for a long duration, depending on the case. As the name suggests, this is permanently effective unless there is a new order from the court. Either party needs to file a motion and show strong evidence of a change of circumstances.
Temporary Restraining Order – This is a kind of injunction that you can immediately obtain to stop the threats you are receiving. It is useful in emergency cases.
If you are still in doubt about which type of injunction to file for, don’t hesitate to ask help from the experts in the field of law. It is always best to seek advice from lawyers.