Define: Provisional Injunction

Provisional Injunction
Provisional Injunction
Quick Summary of Provisional Injunction

A provisional injunction, also known as a preliminary or temporary injunction, is a court order that temporarily prohibits someone from taking certain actions until a final decision is reached. Its purpose is to prevent irreparable harm from occurring before a trial. However, it is not a permanent order and can be modified or revoked once a final decision is made.

Full Definition Of Provisional Injunction

A provisional injunction, also known as a preliminary or temporary injunction, is a court order issued temporarily to prevent irreparable injury before the court decides the case. For instance, a company can request a provisional injunction to stop a competitor from releasing a product that infringes on their patent, or a landlord can request one to prevent a tenant from causing further damage to the property.

Provisional Injunction FAQ'S

A provisional injunction is a temporary court order that prohibits a party from taking certain actions until a final decision is made in a legal case.

A provisional injunction can be granted when there is a strong likelihood of success in the underlying legal case and when irreparable harm would be caused if the injunction is not granted.

A provisional injunction typically lasts until a final decision is made in the legal case or until the court decides to modify or dissolve the injunction.

A provisional injunction can prohibit a wide range of actions, such as selling certain assets, disclosing confidential information, or engaging in specific business activities.

In certain circumstances, a provisional injunction can be granted without notice to the other party if there is a risk that providing notice would defeat the purpose of the injunction.

Yes, a party can appeal a provisional injunction if they believe that the court made an error in granting or denying the injunction.

If a party violates a provisional injunction, they can be held in contempt of court and may face penalties such as fines or imprisonment.

Yes, a provisional injunction can be modified or dissolved if there is a change in circumstances or if the court determines that the injunction is no longer necessary.

Yes, a provisional injunction can be granted in various types of legal cases, including contract disputes, intellectual property disputes, and employment disputes.

In some cases, a provisional injunction can be enforced in other jurisdictions through international treaties or agreements. However, the enforcement process may vary depending on the specific jurisdiction.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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