Christopher A. Pickett

Injunctive relief plays a critical role in resolving disputes when immediate action is needed to prevent harm that money alone cannot fix. Whether an employer seeks to protect confidential business information or a party seeks to stop the enforcement of state regulatory action, injunctions offer a way to preserve the status quo while the underlying legal issues are decided.

This article explains the three stages of injunctive relief, the litigation process for obtaining injunctive relief, and what both plaintiffs and defendants should know about how and when they apply.

What is injunctive relief?

Injunctive relief refers to a court order directing a party either to stop doing something or, in rare cases, to take specific action. It is an extraordinary remedy—and courts only grant them when monetary damages are inadequate.

There are three types of injunctive relief:

• Temporary restraining order (TRO): A short-term emergency injunction, typically lasting 10 to 15 days, issued to prevent immediate harm before a full hearing can occur.
• Preliminary or temporary injunction: Usually obtained after seeking and obtaining a TRO, a preliminary injunction, if granted, will maintain the status quo for an extended time period, usually expiring when the underlying litigation is resolved or when the contractual term justifying the injunction expires.
• Permanent injunction: A final order issued after a full trial that permanently establishes or modifies the rights and obligations of the parties.

When courts grant injunctive relief

Generally, courts analyze four factors when deciding whether a motion for a TRO or preliminary injunction should be granted:

1. Likelihood of success on the merits: The party must show a strong chance of prevailing at trial.
2. Irreparable harm: The harm must be immediate and not adequately remedied by money. For example, once confidential information is disclosed or a client relationship is lost, money damages often are not sufficient to remedy the harm.
3. Balance of equities: Courts weigh the hardship to the party seeking relief against the burden on the opposing party.
4. Public interest: Courts consider whether granting or denying the injunction would serve broader public policy goals, such as protecting competition or preventing government overreach.

Most jurisdictions apply these factors, though they may use different labels, the principles remain the same: injunctive relief is reserved only for urgent situations that require prompt judicial intervention to prevent significant irreparable harm.

Understanding the injunction process

The injunctive process begins when the party seeking the injunctive relief files a complaint or petition, a motion for TRO, and affidavits or declarations supporting the motion that contain a factual basis of the harm.

The hearing on the motion for TRO often occurs no more than 72 hours from filing, but that is entirely dependent on the specific local rules of the court in which you file. If the court grants relief, the TRO will typically last up to 15 days.

After the TRO hearing, the court will usually schedule the preliminary injunction hearing. The hearing could be scheduled 15 days after the TRO, but the parties often agree to schedule the hearing months later. If this occurs, the parties usually agree to extend the original TRO so it remains in effect until the preliminary injunction hearing. At that hearing, the court will consider testimony and review exhibits so the judge has a fuller factual record before making a decision.

Delays can be fatal to requests for injunctive relief. Courts regularly deny injunctions because a party waited too long to act, undermining the claim that the situation is urgent. Even a few weeks’ delay can signal to the court that the harm may not be urgent or “irreparable.”

Strategic considerations

Before seeking a temporary injunction, parties should consider four key factors:

• Need vs. cost: Because injunctions move very quickly, legal fees and expenses often rapidly escalate. As a result, plaintiffs must analyze the potential harm of not seeking relief versus the likely cost of seeking relief to properly determine if the injunctive relief is justified.  Often, this analysis will be based upon the potential for the plaintiff’s long-term (and often significant) harm should they determine not to seek injunctive relief.
• Evidence strength: Courts require detailed, fact-supported claims if it is going to grant the Motion for TRO.  Consequently, plaintiffs must ensure they have sufficient evidence for the court to consider when deciding the motion for injunctive relief. Generally, objective evidence, like emails, forensic data, or other documents, are more persuasive than subjective statements. Further, plaintiffs should not rely only on opinions or speculation to support their request for injunctive relief because courts will often find such evidence lacking and, ultimately, will deny the Motion. 
• Leverage: Seeking an injunction can dramatically shift settlement dynamics and, therefore, plaintiffs must analyze the injunctive relief as part of the broader litigation goals and strategic considerations to properly determine whether to seek injunctive relief. When a court grants a TRO or preliminary injunction, it often prompts the parties to try to seek an early resolution; oftentimes, such a resolution can be favorable to the plaintiff.  Conversely, plaintiffs must understand that the denial of such relief can significantly weaken their position, which may make an early resolution favorable to plaintiff more difficult to obtain.

Most importantly, injunctions are extraordinary remedies intended for exceptional circumstances where immediate action is necessary.

Conclusion

Understanding the litigation process related to TROs, preliminary injunctions, and permanent injunctions is important for a party considering seeking injunctive relief. These remedies are intended to preserve, not resolve, the underlying issues, ensuring that justice remains possible until the litigation can be completed.

Both plaintiffs and defendants benefit from acting quickly, preserving evidence, and consulting experienced counsel early in the decision-making process. Whether seeking or defending against injunctive relief, preparation, precision, and timing make all the difference.

If you believe your situation may warrant injunctive relief or if you need to defend against one, please contact your UBG attorney or Chris Pickett at cpickett@ubglaw.com.

The information provided in this article speaks only to the information and guidance we have available as of the date of publication and is subject to change. This legal update was created by UB Greensfelder LLP and is not intended as a substitute for professional legal advice. Receipt, by itself, does not create an attorney-client relationship. For any questions, or for further information, please contact your UB Greensfelder attorney.