Typically, in the case of a dispute between individuals or businesses, one party sues another, and the case proceeds to a trial where both sides have an opportunity to present their case and the judge or jury makes a decision and award. However, there are some situations where money is not the only issue, and the harm to a party requires immediate court intervention. The law recognizes that there are some situations that, if not acted on immediately, can cause harm which is irreparable.
If you believe you or your business are facing such a circumstance, you should seek out legal counsel immediately to protect your interests. The Law Offices of Greg Prosmushkin, P.C. can evaluate your case and advise you as to whether your situation appears to meet the standards set forth by the courts in granting an Injunction.
Obviously, on its face, an injunction sounds like a much preferred option to a party purporting to be the victim of another’s actions. Preventing harm before it is allowed to cause irreparable damage would seem the most prudent course, however, Injunctions are difficult to obtain. Courts act as gatekeepers for claims for injunctive relief, and they are not granted lightly. Therefore, courts have developed some guidelines by which to determine whether an Injunction is a legitimate course of action.
First and foremost, the plaintiff must prove that without an Injunction they will suffer both immediate and irreparable harm. Basically, this means that the harm must be such that it cannot be accurately measured and atoned for via money. Actions which would damage business relations or impede business opportunities may qualify. An example would be one business stealing clients from another.
Next, the plaintiff must demonstrate that, should the Injunction not be granted, the harm to the plaintiff would exceed that to the defendant in the instance the Injunction were granted. This is a balancing act which the plaintiff must prove lies in their favor.
The plaintiff must also convince the court that they have a reasonable chance of winning the case. The court has no reason to grant an Injunction if the ultimate resolution of the case would be against the party seeking an Injunction.
Finally, the plaintiff must prove that the Injunctive relief being requested is reasonable. This is important because even if the court is inclined to agree with the plaintiff, the court will not if the requested injunctive relief is too broad or punitive. The requested relief must be designed to prevent the damaging action, and that is all.
Why Do I Need a Lawyer?
You need a lawyer both to advise you as to the basis of your case and how to proceed. It is all too easy to see your situation in a favorable light, as we are all naturally biased towards our own circumstances. However, this bias does not help you convince the court. You need a lawyer to evaluate your situation, and in the event you do have legitimate grounds to seek an Injunction, to prepare your matter for court so that you will receive the remedy you desperately need.
This content was written on behalf of Greg Prosmushkin.