Injunction vs Restraining Order
In the legal field, injunctions and restraining orders are two types of orders or commands issued by a court of law. However, there may be confusion surrounding the distinction between the two. An injunction is an order that compels or prohibits the performance of some act, while a restraining order is a command to refrain from seeing, contacting, harming, or harassing another person. Differences between the two can be observed in the circumstances in which each order is issued, the reasons for granting them, the legal processes involved, and their nature and duration.
Key Takeaways
- Injunctions compel or prohibit the performance of some act, while restraining orders command a person to refrain from certain activities, such as harming or harassing another person.
- Injunctions are granted based on the facts of the case and the potential harm to the plaintiff, whereas restraining orders are typically viewed as immediate and temporary protection measures.
- There is a legal process involved in granting an injunction, but no hearing or legal process is required when granting a restraining order.
What is an Injunction?
An injunction is a court order commanding a person to refrain from doing a particular act or to do a particular act. It is an equitable remedy in law, granted based on the facts of the case and the potential harm that would arise to the plaintiff. Injunctions will only be granted if the court determines that there is or will be an irreparable injury caused to the plaintiff. A plaintiff may request for various categories of injunctions, such as permanent injunctions, preliminary injunctions, prohibitory injunctions, and mandatory injunctions. If the defendant fails to comply with an injunction order, they may face a charge of contempt of court.
What is a Restraining Order?
A restraining order is an official order issued by a court to an individual, commanding them to refrain from certain actions, typically the complete avoidance of contact with another person. This is a form of immediate relief sought by a person for the purpose of obtaining immediate and quick protection. Restraining orders are issued in relation to several circumstances, aiming to protect the plaintiff from harm or harassment. Unlike an injunction, there is no hearing or legal process involved when granting a restraining order. Restraining orders are often granted in domestic violence cases, employment disputes, harm or harassment caused by an unknown person or corporation, copyright infringement disputes, and stalking. Violation of a restraining order may result in a charge of contempt of court, payment of a fine, or even a jail sentence.
What is the difference between Injunction and Restraining Order?
The ideal way to distinguish an injunction from a restraining order is to remember the circumstances in which each order is issued.
- An injunction is a writ or court order compelling or prohibiting the performance of some act, while a restraining order is an order commanding a person to refrain from certain activity, harming or harassing another.
- An injunction is an equitable remedy in law granted at the discretion of the court, based on the facts of the case and the potential harm that would arise to the plaintiff. Restraining orders are typically viewed as immediate and temporary protection measures, focusing on restricting the actions of a person and preventing them from causing harm or harassment to another.
- Injunctions are issued after a legal process, while there is no hearing or legal process involved when granting a restraining order.
- Injunctions are issued mostly in civil cases where monetary payment or damages will not be sufficient to repair harm or injury, while restraining orders are granted in instances relating to domestic violence, workplace harassment, harassment by organizations, and stalking cases.
- An injunction may be permanent, preliminary, prohibitory, or mandatory, whereas restraining orders are not permanent and are usually granted for a few weeks or months.
