What is a permanent injunction in civil law?

A permanent injunction is a civil remedy available in North Dakota law to protect property or rights. It is an order from the court that requires a party to either act or stop an act that is either causing harm or has potential to cause harm. Generally, a permanent injunction is issued by a court as part of a final judgment in a lawsuit. When a party has a right to protection, they can request an injunction. To get an injunction, a party must prove to the court: (1) that they have a right to protection; (2) that the other party violated that right; and (3) that the protection is necessary to prevent irreparable harm. Once the injunction is issued, the party must abide by its terms. If a party does not obey the injunction, they can be held in contempt of court and face sanctions, including fines and even jail time. In North Dakota, all injunctions must be specific and can prohibit or require certain activities. Examples of an injunction include prohibiting a party from: trespassing on a piece of property, using or disclosing proprietary information, or continuing to own or possess a particular item of property. To enforce the order, the court may require a bond from the party who requested the injunction. This bond is a guarantee that the party will abide by the court’s order. If the party does not abide by the order, the court can use the bond to pay the costs of enforcing the injunction.

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