Preliminary Injunction


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Preliminary Injunction

A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. The party against whom it is sought must receive notice and an opportunity to appear at a hearing to argue that the Injunction should not be granted. A preliminary injunction should be granted only when the requesting party is highly likely to be successful in a trial on the merits and there is a substantial likelihood of irreparable harm unless the injunction is granted. If a party has shown only a limited probability of success, but has raised substantial and difficult questions worthy of additional inquiry, a court will grant a preliminary injunction only if the harm to him or her outweighs the injury to others if the injunction is denied.

preliminary injunction

n. a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial. (See: injunction, temporary injunction, permanent injunction)

References in periodicals archive ?
Secondly, the plaintiff contended that the defendant did not properly appeal the preliminary injunction order.
Prosecutors will soon appear in court to obtain the preliminary injunction and are hopeful that will help reduce crime in the West Valley.
Conduct that would be banned by the preliminary injunction includes selling, possessing or using any controlled substance; harassing, intimidating, or threatening the safety of any person; acting as a lookout for police; and being in public with a named defendant or fellow gang member.
The judge, however, vacated the preliminary injunction late last month and stopped further proceedings based on the planned improvements.
Opponents of the Toland Road Landfill expansion failed Friday to delay the project when a judge denied their motion for a preliminary injunction until seismic questions are resolved.
The driving range was closed about noon Thursday in response to a Ventura County Superior Court preliminary injunction ordering the city to prevent all golf balls from flying over the fence into the neighboring property.
City Attorney Mark Sellers said the city must close the driving range - used by 40,000 players annually - by March 5, when the preliminary injunction is scheduled to take effect.

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