Going through litigation can be complex and stressful for those involved. For business owners, it can be especially taxing during the ongoing pandemic; however, understanding how this works can help make the process feel smoother. One such option is a temporary injunction. Temporary injunctions and the injunctive relief processes are standard in most Texas court proceedings. An injunction refers to a court order mandating one or more of the parties involved in a civil trial refrain from doing a specified act or acts.
According to the Federal Rules of Civil Procedure Rule 65, a federal court must provide notice to the party to which the injunction applies, except in situations where issuing a temporary restraining order is needed. In virtually all state and federal courts, the plaintiff’s attorney must demonstrate both that irreparable harm was caused and that any legal remedy would be inadequate in order for injunctive relief to be ordered. In many jurisdictions, a court may consider the plaintiff’s likelihood success, the balance of harm cause to the requester in the event the injunction is denied, and the harm that could be caused to the defendant if it’s granted, as well as whether or not the injunction would oppose public interest.
Five Types of Texas Injunctions
There are several types of injunctions that are defined by the length of time they can be enforced, including:
- Preliminary or Temporary Injunctions: A preliminary or temporary injunction can be issued when a case is in its beginning stages, typically to prevent the defendant from continuing an action that might injure the plaintiff during the time the case is in process and is generally enforced until the end of the trial proceedings.
- Temporary Restraining Orders: A temporary restraining order (TRO) can be issued for a very short time period—typically a maximum of 10 days. A TRO may be issued without notifying the defendant in order to prevent harm to the plaintiff.
- Permanent Injunctions: A permanent injunction is most often issued at the end of a trial and has no set duration.
- Mandatory Injunctions: A mandatory injunction orders a party or requires them to take an affirmative action or mandates a specified course of conduct.
- Prohibitory Injunctions: A prohibitory injunction prohibits a defendant from taking delineated actions and maintains the positions of the parties until there is a hearing to determine the matter in dispute.
Injunctive Relief in Texas
Texas Rule of Civil Procedure 683 provides that an injunction order must describe the reasoning for the request. Additionally, it must also describe the acts it intends to prevent, as well as who it prevents from acting when the injunction is in effect. Lastly, the injunction must also include an order setting the cause for trial on the merits with respect to the sought after relief. This requirement means anyone seeking a temporary injunction must provide evidence showing the need for enforcement. The party must essentially have proof that the opposing party has harmed or intends to harm the element at the center of the litigation. Any injunction in Texas that fails to meet these statutory requirements is invalid under Texas law.
Houston Civil Litigation Attorneys
Going through the litigation process can be stressful for those involved. While temporary injunctions are just one aspect of court proceedings, they can have a major impact on how certain civil cases can move forward. At Feldman & Feldman, our skilled trial lawyers aggressively represent clients throughout the entire court proceedings – from intake to trial through any appeals. If you or someone you know needs assistance with a civil case, contact us today.