injunction

(redirected from Order Of Protection)
Also found in: Dictionary, Thesaurus, Medical, Legal, Financial, Acronyms.
Related to Order Of Protection: Restraining order

injunction

injunction, in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal or property rights from irreparable harm. It has been historically important especially in tort, domestic relations, labor, and civil-rights law.

Originally courts granted only prohibitory injunctions, on the grounds that the performance of affirmative orders could not be easily compelled or supervised. In the 19th cent., though, affirmative (mandatory) injunctions began to be used, and they are now granted in unusual circumstances. Injunctions issued while an action is pending are termed preliminary, or interlocutory; they are intended to protect the plaintiff's interest so that a final judgment will not be worthless, and they cannot, for the most part, be reviewed by higher courts. If irreparable injury would result even before notice of a hearing could be served, the court may grant a temporary restraining order, which is binding on the defendant until a hearing can be held. A final or perpetual injunction is part of the final judgment of the court, and may be issued after all the evidence has been heard.

Injunctions, like most remedies of an equitable nature, are usually granted by a judge sitting without a jury. The broad discretion courts have enjoyed in using this power has, however, been limited by statute in many areas of the law. An injunction is essentially a personal order, and a defendant who disobeys may be punished for contempt. An injunction in force may be terminated or modified by the court.

Injunctions are today granted in many circumstances where courts of equity formerly refused to act. Thus, courts have ordered the performance of the terms of a contract, or the payment of legal damages by a defendant, sparing the plaintiff the need to seek execution of a judgment. Injunctions have long been used to abate nuisances. The use of the injunction in labor disputes has been a matter of great controversy in U.S. history.

In the late 19th cent. employers were often granted injunctions against strikes or boycotts when they alleged that the purpose of labor's activity (e.g., unreasonably limiting the employer's freedom by requiring him to hire only union members) was illegal. The power of federal courts to enjoin union activity was restricted by the Federal Anti-Injunction (Norris-LaGuardia) Act of 1932, and many states passed similar laws. Later legislation, however, including the 1947 Taft-Hartley Labor Act and the 1959 Labor Management Reporting and Disclosure Act, restored much of the power to use labor injunctions.

The Columbia Electronic Encyclopedia™ Copyright © 2022, Columbia University Press. Licensed from Columbia University Press. All rights reserved.

injunction

Law an instruction or order issued by a court to a party to an action, esp to refrain from some act, such as causing a nuisance
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
References in periodicals archive ?
* Saundra K Jones, 56, of Carterville, was arrested and charged with Violation of an Order of Protection on Aug.
Desch said that the solicitor's office is also considering submitting the cases to a York County grand jury to get around the magistrates, but that lengthy delays are a problem, as they would be for pursuing an order of protection in family court.
Sometimes the apparent goal of the petitioner is not protection from, but rather a continued connection with, the respondent through repeated court proceedings that continue a temporary order of protection in their favor, thereby imposing a power dynamic placing the petitioner in control.
The judge then told Cowley: "I am issuing an order of protection in favour of [MMA fighters] Michael Chiesa, Ozzy Arias, Raymond Borg, Ricardo Chico."
The court has already issued a temporary order of protection in response to McKinney's filing. 
"Wherefore, premises considered, the ex-parte application for a 20-day temporary order of protection is hereby granted upon the filing of the bond within five days from issuance of this order, in the amount of 300 million pesos to answer for all damages which respondent may sustain by reason of the TRO if the Court should finally decide that the petitioner was not entitled thereto," said Villarosa in a two-page order.
Notice of an order of protection is now more widely available at the request of a petitioner.
To recall, the EU is also working on a proposal for a directive by the Spanish EU Presidency to adopt a European order of protection for battered women (see Europolitics 3965).
Hewitt was granted a three-year order of protection by Los Angeles Superior Court as it was revealed more than 3.5million Americans said they had been a victim of a stalker.
Mary suggests disappearing for a while or getting an order of protection, either of which is impractical.
With a court order in hand, ECO Wheeler and sheriff's deputies seized eight firearms from the man's residence and served him with an order of protection. He was charged with reckless endangerment, criminal solicitation and two counts of hunter harassment.