Injunctions are a special form of legal remedy that effectively orders someone to stop doing something wrongful, backed up with the threat of fines or even jail time for violating the order. Unlike other forms of litigation, where the plaintiff seeks financial compensation for injuries, an injunction often can be relatively quick and inexpensive. When someone is continuously behaving badly, asking a court to intervene can be an effective means of putting a stop to it.
What is required to obtain an injunction in Nevada
A civil injunction can be obtained by filing with state court a complaint that meets certain requirements. Under NRS 33.010, case law, and Nevada’s Rules of Civil Procedure, an injunction may be granted after the court’s consideration of the following factors:
- The plaintiff must show a reasonable probability of success on the merits with respect to the underlying legal dispute.
- The plaintiff must demonstrate that if the injunction is not issued it will suffer irreparable harm for which money damages will be inadequate.
- The injunction is appropriate in light of the relative hardships of the parties and the public’s interest in stopping the behavior of the defendant.
- The injunction’s purpose is to preserve or restore the status quo; that is to say, it works to put the plaintiff into the condition that existed without the wrongful behavior.
- Some types of injunction must be supported with a security bond to protect the defendant against the possibility of an improperly granted injunction.
The types of injunction
The term “injunction” actually covers a number of different types of relief that are available to plaintiffs depending on the kind of injury they are seeking to resolve, the duration of time the order should cover, and the nature of the legal posture of the parties.
- Restraining (or protective) orders are issued to prevent people from threatening, harassing, or stalking others.
- Preliminary injunctions are issued in connection with ongoing litigation to prevent an alleged wrong from continuing while the lawsuit is resolved.
- Temporary injunctions are short-term court orders that can be obtained relatively easily and potentially without involving the other party.
- Permanent injunctions, as the name suggests, are a lasting order to stop the bad behavior. A permanent injunction can only be obtained after a litigation process in which the defendant gets to present arguments against the injunction. Permanent injunctions can be accompanied by financial compensation in many situations.
When an injunction can be appropriate
An injunction can be a useful remedy to many kinds of disputes. A common use of injunctions is to stop threatening, abusive, or harassing behavior. They are also useful for stopping behavior that is doing damage to property or threatens health and safety. Each case will need to be evaluated on its merits.
The law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area protect their legal rights for over 45 years. If you have questions about how an injunction might be useful in your situation, call us today for a free attorney consultation at 702-388-4476 or send us a request on our contact page.