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Permanent Injunction in New York

There are two types of relief the court may grant: damages and equitable relief. Damages are financial compensation from the liable party to the prevailing party intended to rectify some past harm. Damages are the court’s generally preferred methods of relief.

The other type of relief is equitable relief. Instead of compensating the aggrieved party, the court will require a behavioral change from the liable party. A common situation is when the court will require a party to stop doing something, i.e. false advertising, causing a nuisance, or unfair business practices. This relief is in kind or in deed, as opposed to compensation.

An injunction may be temporary, preliminary, or permanent. Unlike a TRO or preliminary injunction, a permanent injunction is final relief. A permanent injunction, is in many ways, the most severe penalty the court can issue.

Nature of Permanent Injunctions

An injunction is an action, as opposed to compensation. A permanent injunction can take several forms. It can be an instruction requiring a party to do, or refrain from doing something. An injunction can authorize the sheriff to seize and sell property. An injunction can place a judicial lien against property thus encumbering any later sale.

Injunctions are often described as extraordinary relief. Accordingly, if you’re a plaintiff seeking an injunction, you may be required to post a bond. This bond operates as insurance in case the injunction proves unwarranted.

Why does anyone have to obey an injunction? If a party violates an injunction they will be held in contempt of court. Unlike a criminal case where the accused is innocent until proven guilty, the party in contempt has the burden to justify the violation. The violator will face monetary fine or even immediate jail time as punishment for violating the terms of the injunction.

Whether you are pursuing an injunction, for perhaps facing an injunction, you need thorough legal representation. Injunctions are very serious, and need to be treated that way. Our attorneys have the skills and experience to obtain or defend against injunctions.

For some situations, writing a check to compensate for damages isn’t enough. Sometimes a permanent change in behavior is required. An injunction will require changes in behavior. Contact our New York litigation lawyer who will clarify all details of preliminary injunctions.


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