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What information should an injunction document include?

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Quick Answer

An injunction document should include the names of the affected parties, the expected action or inaction and the length of time the injunction is to remain in effect, the American Bar Association indicates. The document should also include the name of the issuing court.

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Full Answer

There are three types of injunctions: temporary, preliminary and permanent, says the American Bar Association. A temporary injunction, also known as a temporary restraining order, is a stop-gap measure courts use until the court can issue a preliminary injunction. Preliminary injunctions ensure action or inaction during a pending trial. Unlike a temporary injunction, both parties must be aware of the preliminary injunction before its issuance. A permanent injunction is often the result of a court case and permanently ensures action or inaction.

Before judges issue any type of injunction, they consider four criteria: irreparable harm, balance, likelihood of success and public interest, notes the American Bar Association. In considering irreparable harm, judges determine the seriousness of the threat to the requesting party. In considering balance, the judges determine the extent of harm to the defending party if they issue the injunction. Likelihood of success is a measure of the outcome of the court case, and public interest takes into account the effects of the injunction on parties other than those listed on the injunction.

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