What is the Difference Between Injunction and Restraining Order?
🆚 Go to Comparative Table 🆚The main difference between an injunction and a restraining order lies in their duration and the specific situations they are used for. Here are the key differences:
- Duration: A restraining order is temporary and usually lasts until a court date, while an injunction can be either permanent or last for a specific period of time.
- Purpose: Both injunctions and restraining orders aim to prevent an individual from committing a particular act. However, restraining orders are typically used to provide immediate relief and protection in situations such as harassment, domestic abuse, and stalking. Injunctions, on the other hand, are often used in civil court to protect the interests of parties involved in a dispute, such as employment disputes, copyright infringement, or cases of harassment and domestic abuse.
- Court Proceedings: A restraining order is usually issued at the beginning of a case and lasts until the court date, when the judge can listen to both sides of the case before either granting or denying the application for an injunction. An injunction is issued by a judge after hearing both sides of the case and can last for a specific time limit or be permanent, depending on the situation.
In summary, a restraining order is a temporary measure taken to provide immediate protection, while an injunction is a more lasting court order that can be permanent or have a specific time limit, depending on the circumstances of the case.
Comparative Table: Injunction vs Restraining Order
Here is a table summarizing the differences between an injunction and a restraining order:
Feature | Injunction | Restraining Order |
---|---|---|
Definition | A court order that compels or prevents a party from taking a specific action. | A temporary court order that prohibits a party from taking a specific action. |
Purpose | Can be permanent or for a specific period of time. | Temporary measure, lasts until the court date, typically no more than 15 days. |
Application | Applied for when a plaintiff seeks permanent, lasting court intervention to prevent a defendant from doing something they have threatened to do. | Sought as a form of immediate relief while a plaintiff pursues a permanent injunction. |
Duration | Lasts from a couple of months to several years. | Limited to the time frame of the case being heard, typically no more than 15 days. |
Granting | Applicant must prove the necessity of an injunction to the court. | Judge grants the temporary restraining order based on the applicant's claims and the respondent's response. |
Both injunctions and restraining orders are used to prevent individuals from committing specific acts. However, restraining orders are typically temporary and serve as a short-term solution, while injunctions can be permanent or for a specific period of time and provide a more lasting form of court intervention.
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- Judgment vs Order
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- Coercion vs Undue Influence
- Revocable vs Irrevocable Trust