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LSDefine

Simple English definitions for legal terms

permanent injunction

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A quick definition of permanent injunction:

A permanent injunction is a court order that tells someone to stop doing something or to do something specific. It is a final decision made by a judge. This type of order is only given when money cannot fix the problem. If someone does not follow the order, they can be punished by the court. To get a permanent injunction, the person asking for it must prove that they have been hurt in a way that cannot be fixed with money, and that it is fair to make the other person stop doing what they are doing. The court also considers if the order will hurt the public. Sometimes, the court will take into account if the person who did the wrong thing was trying to fix the problem or not.

A more thorough explanation:

A permanent injunction is a court order that requires a person to either stop doing something or to do something specific. It is a final decision made by a judge in a case. A permanent injunction is only issued when money cannot fix the problem.

If someone does not follow a permanent injunction, they can be held in contempt of court. This means they could face criminal or civil charges.

When deciding whether to issue a permanent injunction, the court considers several factors. These include:

  • Whether the plaintiff has suffered an irreparable injury
  • Whether other remedies, like money, are not enough to fix the problem
  • Whether the balance of hardships between the plaintiff and defendant justifies the injunction
  • Whether the injunction would hurt the public interest

For example, if a company is causing a lot of pollution and harming the environment, a permanent injunction might be issued to make them stop. The court would consider the harm to the environment and the public interest in protecting it.

However, if a company has invested a lot of money in a factory and a permanent injunction would cause them significant harm, the court might not issue one. For instance, if a cement company invested $45 million in a factory, and the homeowners in the neighborhood sued them for creating a nuisance, the court might not issue a permanent injunction because it would hurt the company too much.

Overall, a permanent injunction is a powerful tool that courts use to make sure people follow the law and protect others from harm.

Permanent disability | Permanent injury

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