Things do not always go smoothly for individuals and business owners. Sometimes, a person may take actions, or fail to take actions, that are unfair and violate your rights. When this is the case, you may send a demand letter, or a cease and desist letter with the help of your attorney. However, injunctions are different from these.
Although an official letter will outline the steps you will take if the person does not comply with your request, an injunction can force them to stop taking action. If you need an injunction, you must petition the court for a legally binding court order. A civil litigation lawyer can help you prepare your injunction or defend against one that has been filed against you. Contact Beth Santilli Law in Mt. Pleasant, SC today for injunction assistance.
What is an Injunction?
Injunctions are legal remedies that come in the form of a court order that demands a person to stop taking specific action.. Injunctions can be temporary or permanent. An ex parte temporary restraining order is one where a party seeks the entry of an ex parte order from a judge without the involvement of or even notification to the other party most directly affected when an emergency warrants extreme action. A temporary injunction can follow an ex parte temporary restraining order and is issued at the beginning of a civil trial and may expire when the proceeding is resolved or at an earlier date as determined by a judge. Temporary injunctions may turn into permanent injunctions, depending on the result of a trial. Permanent injunctions are typically issued at the end of a trial.
Examples of Injunctions
There are many instances in which a person or business may attempt to seek an injunction. These include:
– Defamation: When a person or business is damaging the reputation of another, either in writing or orally, an injunction can be sought to stop the defamation.
– Unfair business practices: Unfair business practices are any type of business practice that is fraudulent, deceptive, or causes injury to another person. For example, if one business owner used advertising to falsely depict a competitor’s product, the competitor could seek an injunction to stop the false advertising.
– Non-compete violations: Employees are sometimes required to sign non-compete agreements that prohibit them from working in competition with a former employer. Still, employees do not always comply with these contracts. When that is the case, their former employer can file an injunction against them.
Injunctions vs Civil Lawsuits
Business owners can hold anyone liable for infringing on their rights or failing to meet the terms of a certain agreement. To do this, business owners must file a lawsuit in which they can seek monetary damages for any losses they sustained as a result of the act, or an omission of an act.
Unfortunately, while lawsuits are sometimes necessary, they also do not provide immediate relief. Lawsuits can take weeks, months, and in some cases, even years before they are resolved. An injunction, on the other hand, can provide immediate relief and make things right before the resolution of a lawsuit, and sometimes even after.
Get Legal Help Today
If someone has taken action against you or has failed to take action that they had previously agreed to, the experienced injunction lawyers at Beth Santilli Law, LLC can help. We can help you file injunctions and get the relief you need. We can also defend injunctions if someone has filed an injunction against you. Contact us today to schedule a consultation.