injunctive relief

Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions. Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted. For example, if there is a breach of contract , the court can grant an injunctive relief that the breaching party fulfills their part of the contract regardless of the issue at hand.

The purpose of injunctive relief is to prevent future wrong or harm by one party to another and can be issued before or after a final judgment .

Due to its coercive force, a grant of injunctive relief is subject to immediate review by an appellate court under an abuse of discretion standard. An injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding.

The party seeking a preliminary injunctive relief must demonstrate:

  1. Irreparable injury in the absence of such an order;
  2. That the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order ;
  3. That the injunction is not adverse to public interest; and
  4. That the moving party has a substantial likelihood of success on the merits.

In considering these factors, courts apply a "sliding scale" approach where the more likely a movant will succeed on the merits, the less irreparable harm (to the movant ) needs to be shown in granting the injunction.

Rule 65 of the Federal Rules of Civil Procedure codifies the requirements for injunctive relief.

[Last reviewed in April of 2025 by the Wex Definitions Team ]

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