A gavel and business law

If you require efficient, personalized service in regard to an injunction or related legal matter, Kohan Law Group is the place to call. Our civil litigation attorneys have extensive experience handling injunctions for clients in Nassau and Suffolk Counties and throughout the five boroughs of New York City. We are well-prepared to address the specific issues of your case and resolve the situation promptly with a minimum of stress. Contact us now to discuss your best options with a highly capable lawyer.

What Is an Injunction?

An injunction is a order issued by a court that requires a party to do, or to refrain from doing, a specific act. It is a legal tool used to prevent irreparable harm, resolve legal disputes, and maintain the status quo until a final decision is made in the courts. In New York State, as elsewhere, injunctions are a critical component of civil litigation and can be utilized in various legal contexts, from commercial disputes and property matters to family law and environmental issues.

Types of Injunctions

In New York, there are several types of injunctions, each serving a different purpose:

Temporary Restraining Order (TRO) 

A TRO is a short-term measure that lasts only until a more formal hearing can be held. Typically, it is granted without notice to the opposing party when immediate action is necessary to prevent imminent harm.

Preliminary Injunction

This is a more extended form of relief than a TRO. A preliminary injunction is granted after a hearing at which both parties have had the opportunity to present evidence and arguments. It remains in effect until the court makes a final decision in the case.

Permanent Injunction

As expected, a permanent injunction is the final order issued after the conclusion of a trial or settlement. It permanently prohibits or requires specific actions by the parties involved.

Examples of Injunctions

Injunctions can be applied in a wide variety of situations, including:

  • Business disputes: to prevent the misuse of trade secrets or the violation of non-compete agreements.
  • Property disputes: to stop unauthorized construction or the destruction of property.
  • Environmental protection: to stop activities that cause significant harm to the environment.
  • Family law: to prohibit harassment or abuse in domestic situations.
  • Consumer protection: to prevent fraudulent business practices or false advertising.
  • Public nuisance: to restrict activities that threaten public safety or welfare.

When a Preliminary Injunction Is Necessary

A preliminary injunction may be necessary in situations where there is a substantial likelihood of irreparable harm if the court does not act quickly. In New York, the party seeking the injunction must demonstrate that:

  • They are likely to succeed on the merits of the case.
  • They are likely to suffer irreparable harm in the absence of preliminary relief.
  • The balance of equities tips in their favor.
  • An injunction is in the public interest.

These criteria ensure that the injunction is not granted lightly and that the rights of both parties are taken into consideration.

How To Obtain an Injunction

Obtaining an injunction in New York requires a formal legal process consisting of the following steps:

Filing a complaint to outline the basis for the relief sought.

Making a motion for a Temporary Restraining Order (TRO) if immediate action is needed. 

Making a motion for a preliminary injunction supported by affidavits and possibly other evidence.

Scheduling a court hearing to consider whether to grant the preliminary injunction.

Having a final hearing to determine whether a permanent injunction is appropriate.

It is essential to note that specific procedures and requirements may vary based on local court rules and the particulars of the case.

How Kohan Law Group Facilitates an Injunction

Injunctions are often complex which is why they require the help of a skilled attorney. At Kohan Law Group, we understand the urgencies involved in obtaining injunctions. More than that, our savvy attorneys understand precisely how to navigate the intricacies of the New York State legal system to protect your interests by:

  1. Thoroughly assessing your situation during an initial consultation to determine whether an injunction is the appropriate course of action.
  2. Preparing your case by gathering all necessary evidence, drafting and filing detailed legal documents, and preparing strategic, compelling arguments to support your case.
  3. Representing you at all hearings and advocating vigorously on your behalf.
  4. Providing ongoing support throughout the process, by keeping you informed and involved, ensuring that your rights and interests are defended and protected.

Contact Our Experienced Injunction Attorneys Today

When time is of the essence and the stakes are high, having the support of Kohan Law Group can make a significant difference in the outcome of your case. With a deep understanding of New York injunction laws and a commitment to our clients, Kohan Law Group lawyers provide clear, practical, and effective legal solutions. Contact us now to receive wise counsel from a true professional.