What is a temporary injunction in civil law?
A temporary injunction in civil law is a court order that prohibits a party from doing something temporarily. In California, temporary injunctions are governed by Code of Civil Procedure §527.6. A temporary injunction is used when a party is seeking to protect their rights, interests, or property prior to the final judgment of a case. For example, if a tenant was being evicted from their rental property, the tenant could file a motion for temporary injunction to prevent the landlord from evicting them until the court can render a final decision. The tenant could also use a temporary injunction to prevent landlord from increasing the rent or from entering the rental unit. The court will typically consider a number of factors when deciding whether or not to issue a temporary injunction. Factors the court will consider include if the temporary injunction is necessary to protect the interests of the parties involved, if irreparable harm will be caused by the injunction, if the party seeking the injunction has a good chance of succeeding on the merits of their claims, and finally if the balance of equities favors the temporary injunction. If the court grants the temporary injunction, a hearing will be held within 20 days to decide whether to extend the injunction until a final judgment is made. If the court decides to extend the injunction, it will do so for only the amount of time necessary, and the temporary injunction will remain in effect until the court has made a final decision.
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