Business Law & Commercial Litigation
By the Business Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

Court Injunctions

An injunction is a court order that prescribes which activities a person or entity can or cannot perform. An example of an injunction is a gag order wherein certain parties are enjoined or stopped from discussing a certain topic, generally the issues surrounding a lawsuit. Another type of common injunction involves the retraction of a publication of information (or misinformation) on the Internet.

Injunctions are put in place when irreparable harm is likely to occur to a party if another party is not stopped from doing something or is not ordered to do something and there is no other available legal remedy. An injunction “preserves the status quo, or the last, actual peaceable, non-contested status which preceded the pending controversy.”

When you seek an injunction, you are doing so because money will not solve the issue.  Initially, this injunction can either be permanent or it can be temporary. If it is temporary, you will likely need to go back to court at some point in the future to determine if it must continue or if the order can end. A Woodlands business lawyer is familiar with injunctions and can help you to seek one out.

Restraining orders are one of the most common types of injunctions. Most people think of domestic violence cases when they think of a restraining order. However, a Woodlands business lawyer is also familiar with dealing with restraining orders. These types of injunctions can keep an abuser away from his or her victim, but they also can protect against such things as copyright infringement or other business related violations that require an immediate response to an ongoing harm. 

Restraining orders are generally temporary in nature until the court can rule on the merits of the injunction.  Upon a finding of the likelihood of irreparable harm, the court will grant the injunction and it can be permanent, or it can be temporary until a trial on the merits of the case can be had. If you feel that your business is at risk, a Woodlands business lawyer can counsel you regarding the best way to protect you and your business. 

In order to get an injunction in place, a bond is usually required. The court will set the amount in relation to the issues at hand. In certain instances, a bond may not be required for a temporary injunction if the applicant shows the court he is indigent. A special affidavit that complies with the Texas Civil Practice & Remedy Code, section 65.043 is needed. However, this affidavit can be contested by the opposing party. In that event, the court may not issue the temporary injunction unless it finds that the applicant is financially unable to execute the bond. If the indigent affidavit accompanies an application for temporary restraining order, it cannot be contested.

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your business law services and litigation needs.