Can an Injunction Be Extended Without a Hearing? 

 September 22, 2017

By  LMW Attorneys

Although the word injunction appears frequently in the media, it is seldom explained. So, what is an injunction and how can it affect me?

What Is an Injunction?

Put simply, an injunction is a court order. This court order requires parties to either cease, or continue, certain actions.

If an individual fails to comply with an injunction, there may be serious consequences including fines and even time in jail depending on the severity of the situation. Although injunctions are flexible, they are still a powerful tool that can be applied to a variety of situations.

Types of Injunctions

Injunctions can be issued at all levels of court—local, state, and federal. While injunctions vary state to state, they are typically classified by how long they are able to be enforced. These are the most common types of injunctions:

Temporary Restraining Orders: Temporary restraining orders, also known as TRO, are intended to be a short-term measure is put in effect until the court can issue something more enduring.

Preliminary Injunction: Preliminary injunctions are most commonly meant to preserve a status quo of either an action or inaction, pending the final decision of a particular case. An example of this from the American Bar is New York Yankees player Alex Rodriguez, who “recently petitioned a federal court for a preliminary injunction to stop his sus­pension from going into effect, pending litigation.”

Permanent Injunction: Permanent injunctions are meant to permanently preserve a status of action or inaction. They are most commonly issued as either final judgments or rulings in a case.

When Can An Injunction Be Extended?

An injunction that is issued for a specific period of time can be extended if it is necessary. In addition, if an injunction is set to expire soon, it is important that you move to extend the injunction while the court still has jurisdiction to extend it. The court will not have jurisdiction to extend an injunction if it has already ended or if you cannot get a hearing set in time. Ultimately, if an injunction extension is necessary, the petitioner should begin the process to extend the injunction well before the injunction period is set to expire.

Attorneys In Pasco County

If you have any questions about extending an injunction, it’s important you speak to an experienced legal professional right away. Once an injunction period has ended, the court has no jurisdiction to extend it. At Laporte, Mulligan & Werner-Watkins, we provide outstanding legal representation with honesty, stability, and professional integrity, while maintaining a reputation for compassion and a caring attitude. We are here to help with any of your legal needs. If you’re in need of any legal assistance, we want to help. Contact us today for your free consultation at (727) 478-4125.