Legal disputes can get resolved in any number of ways, such as through negotiations and settlement, mediation, arbitration, or courtroom litigation. All of these methods take time, however, and sometimes time is of the essence when dealing with a pressing legal matter. When immediate relief is necessary, going to court to obtain an injunction sometimes is the appropriate step. Courts have broad powers to take immediate action and fashion an appropriate remedy to prevent irreparable harm from occurring. Plaintiffs and defendants alike need the assistance of experienced, trained professionals to protect their rights in this fast-moving yet monumental legal proceedings. The Chicago injunction lawyers at King & Jones represent parties seeking or opposing injunctions in business disputes in Chicago and nationwide. Call our office at 312-372-4142 for immediate action in the area of injunctive relief.
Injunctions may be appropriate in situations where there is the potential for harm in the immediate future or permanent harm if certain activities are not prevented. Once the harm has already occurred, money damages are normally the most suitable remedy, but a victory in court more than a year after the fact might be cold comfort to a party that suffered lasting damage or irreparable harm, which could have been prevented.
Injunctions can be had in a number of different instances. A few situations commonly calling for injunctive relief are:
Common forms of injunctive relief include:
A TRO is the fastest type of relief that can typically be obtained. It is also the kind of relief that expires the quickest. A TRO can be had in an ex parte proceeding, meaning the court can rule on the order based on the application of one party without hearing from the other party. To be successful, the party applying for the order must usually show that there is no other way to keep the harm from occurring. This relief is fleeting but provides vital protection while the aggrieved party pursues more lasting options.
A preliminary injunction lasts longer than a TRO. It can be held in place, for instance, while litigation is pending and can last for the duration of the lawsuit until the rights and obligations of the parties are finally decided. A court will only grant a preliminary injunction after first holding a hearing at which both sides have an opportunity to be heard. A preliminary injunction is often requested at the same time a party applies for a TRO.
A declaratory judgment is a court’s ruling that defines the rights and duties of the parties to a dispute. Judges can grant declaratory relief without holding a full trial and before any actual breach has occurred. Parties sometimes seek declaratory judgments before filing a lawsuit to get an official ruling on each party’s duty to perform or make it clear what actions or omissions could amount to a breach.
Injunctions allow parties to act quickly and prevent irreparable harm from occurring. To the party that will be the target or subject of the injunction, the order can significantly impair their rights and freedom of action. An emergency injunction could even shut their business down. Defendants notified of a preliminary injunction proceeding need legal counsel with the ability to advise them and defend them in court on short notice. At King & Jones, our nimble business lawyers have decades of trial experience litigating the rights of parties across the spectrum of commercial disputes. We have the knowledge, skills, and resources needed to step in regarding time-sensitive matters. Whether located in Chicago or anywhere in the country, our legal team stands ready and able to move swiftly on your behalf.
For help seeking or opposing temporary restraining orders, preliminary injunctions, declaratory judgments or other injunctive relief, call the law firm of King & Jones to speak with an injunction lawyer, at 312-372-4142.