What is a Preliminary Injunction?

What is a Preliminary Injunction?

• A. A remedy that maintains the status quo while the equity action is pending
• B. A final judgment on the merits
• C. An order compelling the defendant to produce documents
• D. A permanent injunction

Answer: (B)

A preliminary injunction is a provisional court order aimed at preserving the current situation and preventing irreparable harm while the case is litigated. It is granted early in a lawsuit to maintain the status quo so that the merits can be decided without the risk of irreparable changes or damage occurring before a full hearing. To obtain one, the party usually must show there’s a real risk of irreparable harm without the injunction and a reasonable likelihood of success on the merits, with the court weighing the balance of hardships and the public interest. It is not a final ruling on the merits, nor a permanent injunction, and it isn’t a discovery order. It remains in effect only until the case is resolved or the court modifies or dissolves it.

A preliminary injunction is a provisional court order aimed at preserving the current situation and preventing irreparable harm while the case is litigated. It is granted early in a lawsuit to maintain the status quo so that the merits can be decided without the risk of irreparable changes or damage occurring before a full hearing. To obtain one, the party usually must show there’s a real risk of irreparable harm without the injunction and a reasonable likelihood of success on the merits, with the court weighing the balance of hardships and the public interest. It is not a final ruling on the merits, nor a permanent injunction, and it isn’t a discovery order. It remains in effect only until the case is resolved or the court modifies or dissolves it.