What Is Injunctive Relief and How Can It Help My Business?
If you are a business owner or entrepreneur, there are instances where seeking monetary relief from a third party is not the solution to the problem you are facing. In these cases, you can seek a remedy in the form of injunctive relief that will impose other restrictions.
What Is Injunctive Relief?
At its most basic, an injunction is a motion to stop a third party from engaging in a particular activity. The relief is the outcome of their compliance with your desires.
Utah injunctive relief code allows you to obtain a court order that will be obtained in a civil trial or by winning a suit. It can also be imposed at the start of a lawsuit on a temporary basis to provide protection for the plaintiff, as a trial could take years to be heard. This will be referred to as a “preliminary injunction” or a ‘temporary restraining order.” An injunction can coincide with awarding monetary damages or be a standalone edict.
Injunctive relief elements include demonstrating that the plaintiff will suffer harm that may be hard to quantify in monetary terms, but that will be irreparable without the presence of an injunctive order. Your business lawyer in Utah can help you successfully navigate these guidelines and demonstrate why injunctive relief is needed.
Furthermore, it must be shown that the lack of an order will present more harm to the moving party than its imposition will inflict on the opposing party. Additionally, the injunction must not cause any harm to the public good, and a case must be made that shows a considerable likelihood that the plaintiff will win once all the evidence has been brought forth.
The plaintiff is under obligation to persuade the court on all four elements, whereas the defendant need only win on one of the presiding factors for it to be invalidated.
The defendant risks being held in contempt of court if they disobey the order. When a preliminary injunctive order is passed down, it is subject to an immediate review. This is because it carries such force and must be found not to misapply the law or be based on any factual error. The appellate court is able to overturn the initial decision if there is what is referred to as an abuse of discretion.
There is no absolute way of deciding these elements, so it is conducted on a “sliding scale.” This is because, to a degree, it must be undertaken intuitively, especially on a preliminary basis, using discretionary judgment based on the facts at that time.
It must be noted that irreparable harm cannot be decided when there is clear monetary damage that will be sustained by the company issuing the complaint. For these cases, monetary awards will be sought only.
Once a full trial has been brought, the judge may grant injunctive relief. This is after the evidence has been presented on both sides and a decision has been made in favor of the plaintiff.
Cases When Injunctive Relief Is Sought
As a business, you may have trade secrets or proprietary information that can impact your ability to generate revenue. An employee who works with your company may be privy to your confidential documents and could part ways in a manner that threatens to undercut your strategies.
Other situations where injunctive relief may be sought are if someone attempts to construct an edifice, create a business venture, or engages in dealings that pose a risk to your firm. It can also apply when a noncompete has been violated or if someone is in breach of contract.
Economic harm can come in the form of sabotaging your enterprise illegally, which can be accomplished intentionally or accidentally. It can also include fraud or scenarios where your data is shared with competitors.
Our Business Lawyers in Utah Can Help
Weber Law Group assists businesses by providing aid in the area of business law and can give counsel on obtaining injunctive relief. We are experienced in demonstrating the needed elements when representing you in court. We invite you to reach out to us by phone or online to schedule your consultation to discuss your needs. We look forward to working with you.