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Injunction
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====Forms==== Injunctions in the United States tend to come in three main forms: temporary restraining orders, preliminary injunctions and permanent injunctions.<ref name="aba">{{cite web|title=Understanding Injunctions|url=https://www.americanbar.org/publications/insights_on_law_andsociety/14/winter-2014/understanding-injunctions.html|website=Insights|publisher=American Bar Association|access-date=6 September 2017|date=Winter 2014}}</ref> For both temporary restraining orders and preliminary injunctions, the goal is usually to preserve the status quo until the court is able to decide the case. =====Temporary restraining orders===== A special kind of injunction that may be issued before trial is called a "temporary restraining order" or TRO. A TRO may be issued without notice to the other party or a hearing. A TRO will be given only for a short period of time before a court can schedule a hearing at which the restrained person may appear and contest the order. If the TRO is contested, the court must decide whether to issue a preliminary injunction. Temporary restraining orders are often, but not exclusively, given to prevent domestic violence, stalking, sexual assault, or harassment. =====Preliminary injunctions===== Preliminary injunctions are given before trial. Because they are issued at an early stage, before the court has heard the evidence and made a decision in the case, they are more rarely given.{{Citation needed|date=April 2025}} The requirements for a preliminary injunction tend to be the same as for a permanent injunction, with the additional requirement that the party asking for the injunction is likely to succeed on the merits.<ref>{{cite web|title=Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)|url=https://scholar.google.com/scholar_case?case=9332929800353837765|publisher=Google Scholar|access-date=6 September 2017}}</ref> =====Permanent injunctions===== Permanent injunctions are issued after trial. Different federal and state courts sometimes have slightly different requirements for obtaining a permanent injunction. The Supreme Court enumerated the traditional four-factor test in ''[[eBay Inc. v. MercExchange, L.L.C.]]'' as:<ref>{{cite web|title=eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006)|url=https://scholar.google.com/scholar_case?case=4819344338954570996|publisher=Google Scholar|access-date=6 September 2017}}</ref><ref>{{cite web|title=A.W. Chesterton Co., Inc. v. Chesterton, 128 F.3d 1 (1st Cir. 1997)|url=https://scholar.google.com/scholar_case?case=6847254962391449413|publisher=Google Scholar|access-date=6 September 2017}}</ref> # the plaintiff has suffered irreparable injury; # [[Legal remedy|remedies available at law]] are inadequate to compensate that injury; # considering the balance of hardships between the plaintiff and defendant, a [[Equitable remedy|remedy in equity]] is warranted; and # the public interest would not be disserved by an injunction. The balance of hardships inquiry is also sometimes called the "undue hardship defense".<ref name="Neglected Defense">{{cite journal |ssrn=2040896 |title=The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement) |volume=4 |issue=3 |page=1 |journal=[[Journal of Tort Law]] |first=Douglas |last=Laycock|year=2012 |doi=10.1515/1932-9148.1123|s2cid=155015267 }}</ref> A stay pending appeal is a mechanism allowing a losing party to delay enforcement of an injunction while appeal is pending after final judgment has been granted by a lower court.<ref>{{Cite journal|last=Pedro|first=Portia|date=2018-06-01|title=Stays|url=https://scholarship.law.bu.edu/faculty_scholarship/335|journal=California Law Review|volume=106|issue=3|pages=869}}</ref>'''{{rp|871}}'''
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