A permanent injunction is a final court order in which a party stops certain activities permanently or performs specific acts. For a permanent injunction to be issued, the plaintiff must demonstrate evidence of underlying harm.
A permanent injunction is a court order directing a person to do or stop doing a specific action issued as a final judgment in a case. A court will allocate a permanent injunction only where economic damages will not suffice.
What Kinds of Affirmative Defenses Can Be Raised to Stop Permanent Injunction from being Ordered?
One of the elements required for a court to administer a permanent injunction is that no applicable affirmative defense can be raised against the plaintiff who desires the injunction.
The affirmative defenses the defendant may raise include:
- In pari delicto
- Freedom of speech
- Criminal activity
What Is Laches?
Laches describes the circumstances where a party is blocked from earning an injunction because of negligent or long, unreasonable delay in bringing the matter to the court’s attention. This rule exists because the law does not wish to permit parties to bring about claims that are a “legal ambush” because they are no longer applicable to the case at hand.
For instance, someone who has a legitimate claim against his former employer for racial discrimination but who waited five years to bring a suit may lose their right to file for an injunction because those who engaged in the discrimination have passed on or left the business.
What Is In Pari Delicto?
In pari delicto is a Latin expression meaning “in equal fault.” This doctrine blocks a plaintiff who has participated in wrongdoing from recovering damages for loss resulting from the wrongdoing.
How Is Freedom of Speech an Affirmative Defense to an Injunction?
The First Amendment guarantees the right to freedom of speech and expression. A court cannot order anyone to refrain from saying or expressing something they are entitled to express.
However, a person may still be sued for any defamatory speech they engage in, even if an injunction cannot be ordered against them.
What Are Constitutional Rights?
There are several constitutional laws and fundamental rights. These include:
- Freedom of speech;
- Freedom of religion;
- The right to bear arms;
- Freedom from unreasonable search and seizure;
- Protection from self-incrimination;
- Due process of law and the right to a trial by jury for criminal charges; and
- Equal protection.
A fundamental right guaranteed under the First Amendment is the right to freedom of speech and freedom of the press. Federal and state governments are generally prohibited from limiting an individual’s right to expression, with a few exceptions. Presently, government-sponsored censorship is a controversial topic in constitutional law.
Another right that the First Amendment protects is the right to freedom of religion. The First Amendment expressly forbids the establishment of a government religion, including a state church. Currently, school-sponsored prayer is controversial regarding the freedom of religion clause.
The Second Amendment gives people the right to keep and bear arms. This right is often hotly debated, particularly concerning gun control laws and how vast they can be.
The Fourth Amendment safeguards people from government trespass without a warrant issued by a court. This protection also extends to homes and papers. Today’s contentious topics in constitutional law include law enforcement searches of cars and computers and government wiretapping.
The Fifth Amendment protects people from acts of self-incrimination and double jeopardy. To avoid self-incrimination, an individual can plead the fifth, which refers to exerting their constitutional right to avoid answering a question while under oath.
A specific illustration of law enforcement procedures required under the Fifth Amendment includes reading an individual’s Miranda rights upon their arrest. This amendment also safeguards against harassment of an individual by prohibiting successive prosecutions for the same criminal offense.
The Fifth, Sixth, and Fourteenth Amendments guarantee an individual’s right to a public and speedy trial by an impartial jury before being deprived of their life, liberty, or property. The accused, or defendant, has the privilege of legal counsel for their criminal trial, even if they cannot afford one.
The Fourteenth Amendment provides that no state can deny any individual within its jurisdiction the equal protection of the laws. State governments and their agencies are banned from discriminating against any individual based on specific classifications, including:
- Sex; and
Normally, one cannot be restrained from engaging in criminal conduct or activities as a criminal punishment is deemed sufficient punishment and deterrence from engaging in that behavior again. However, if a court considers criminal punishment insufficient or the defendant threatens to commit a crime, an injunction may be issued.
What Is the Process for a Criminal Charge?
Two entities can bring a criminal case against a defendant, the federal government and a state government. Criminal cases are typically stylized or labeled as United States v. Defendant or State v. Defendant.
Whether a defendant is charged in state or federal court hinges on what crime they are charged with and where the alleged offense transpired. Each state has its own set of criminal laws.
There are, nevertheless, specific Constitutional rights that apply to every defendant, no matter the offense or where it occurred.
- The right to a speedy trial: The Sixth Amendment guarantees a criminal defendant the right to a speedy trial to prevent an accused person from being held in jail for extended periods without adjudication;
- The right to a jury: The Sixth Amendment also ensures a defendant the right to a trial by jury.
- Many jurisdictions allow a defendant to waive a jury in favor of a bench trial, where a judge determines guilt, but this is the defendant’s choice. This right applies to criminal prosecution only, as civil trials have their own regulations regarding jury rights;
- Miranda rights, which stem from a famous Supreme Court case, Miranda rights give the criminal defendant access to an attorney whether or not they can afford one to assist in their defense; and
- The protection against self-incrimination, which is known as pleading the fifth: This
- Constitutional safeguard dictates that a defendant cannot be compelled to testify against their own interests.
What Are Possible Criminal Defenses?
An individual arrested, accused, and charged with committing a crime becomes a criminal defendant. A defendant is presumed innocent until the prosecution demonstrates that they are guilty beyond a reasonable doubt. Possible defenses that may be available to a defendant include, but are not limited to:
Should I Consult an Experienced Attorney About My Injunction Issue?
An experienced contract attorney can help defend you against an impending injunction hearing. In addition, if you are unhappy with an injunction issued against you, an experienced attorney can help bring a suit to nullify or modify the injunction.
An experienced attorney can help you take the first steps toward settling your legal issue. If you need to defend against an injunction, use LegalMatch to find a business lawyer in your area today.
Next, set up a free consultation with a business lawyer near you. When you use LegalMatch, all of your information will be kept confidential, and your communications with your lawyer remain protected through attorney-client privilege. Use LegalMatch to find the right lawyer for you.