Civil Court: Understanding Injunctions and Injunction Bonds

In civil litigation, courts can issue injunctions to prevent defendants from taking actions that cause irreparable harm to plaintiffs—such as halting construction projects or pausing business deals. Depending on the timing it involves, an injunction may be classified as an ex parte (or Temporary Restraining Order), a preliminary injunction, or a permanent injunction. When issuing an injunction, courts often require plaintiffs to post an injunction bond—a financial guarantee that protects the defendant if the injunction is later found to be unjustified. Read on for attorney pointers on injunctions, as well as an understanding of injunction bonds, and how best to secure them in compliance with court-mandates.

Injunctions: Abating A Threatened Harm

Observing that “very few people fully appreciate the powerful and flexible remedy offered by an injunction,” attorneys at Stevens & Lee explain that injunctive relief can be either prohibitory or mandatory:

• A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building. 

• Injunctions can also be mandatory,…in which case the court directs a party to take affirmative action. Examples of this kind of injunction were seen in the school integration and busing cases prevalent several decades ago and is what Elon Musk was facing with his Twitter purchase. 

• Whether prohibitory or mandatory, the only limit on the power of the trial judge (other than the role of appeals courts) is that the remedy selected be reasonably suited to abate the threatened harm and that the court be in a position to enforce its own order and assess a party’s compliance.

Typically, injunctions are used when monetary solutions are insufficient in the face of the potential damage or harm in question in a civil case. For example, an injunction could cease the illegal dumping of waste materials, even as restitution or financial penalties are assessed. As Trembly Law  sums up:

An injunction is a court order delivered in a civil trial or suit. This court order stops the defendant from pursuing a certain activity. This can include constructing a new building, pursuing a business venture, or making transactions that are harmful to the plaintiff. A person who fails to comply with an injunction may find themselves in contempt of court, which can lead to fines or even jail time in the worst case….Most often, there must be a showing of irreparable harm if the injunction is not implemented….An injunction is the only thing standing between the plaintiff and substantial (usually) financial harm….Injunctive relief usually takes one of three forms: temporary restraining order (TRO), preliminary injunction, and permanent injunction. As their modifying terms imply, each has a different level of the time commitment involved.

Understanding and Obtaining Injunction Bonds 

In tandem with issuing an injunction order, courts generally require the plaintiff to secure an injunction bond (also referred to as a TRO bond). An injunction bond is a type of surety bond, sometimes called a court bond. Essentially, an injunction bond serves as a financial guarantee, obligating the plaintiff to pay court costs and damages sustained by the defendant (aka “the enjoyed party”)  if the injunction is ultimately found unnecessary by the court. 

An injunction bond is a legally binding contract between three parties: the court is the obligee, acting for the protection of the defendant, by requiring the plaintiff, the bond’s principal, to secure the bond from a reputable surety company. The amount of an injunction bond is set by the court, based on the circumstances of the case, as Stevens & Lee explain:

The purpose of the injunction bond is to protect the party against whom the injunction has been entered in the event it is later determined that the injunction should not have been granted. Assuming the judge is persuaded by the proof at the hearing and is willing to grant an injunction, a determination as to the appropriate amount for the injunction bond must be made. The party seeking the injunction will predictably argue that its proof has been so strong that only a nominal bond should be required. Conversely, the adversary will argue that only a significant bond will be adequate to protect their client. The judge must balance these competing arguments. 

Because securing an injunction bond can be complicated, and must be accomplished in a timely manner, many law firms across the country choose Colonial Surety Company for direct, knowledgeable and fast service. As a leading, national provider of surety bonds, Colonial Surety Company offers an efficient, direct and digital way to obtain an Injunction/TRO Bond, and offers flexible collateral options, ensuring easy and speedy bond issuance. 

Quickly obtain an injunction bond at Colonial Surety Company by: getting a quote online; filling out the information; and, entering payment. Once issued, the injunction bond can be printed or or e-filed from anywhere—even the courthouse.

Quote and Obtain Injunction or TRO Bonds Here

Busy Civil Law Practice? 

To make it easy and speedy for attorneys to keep all their cases moving forward on deadline, Colonial Surety Company provides direct access to all types of court and fiduciary bonds with just a few clicks on The Partnership Account® for Attorneys. Once you’ve signed up for this free business service, just:

• Log into your private dashboard
• Choose from our complete portfolio of fiduciary and court bonds
• Get a quote and send it to your client for completion, or go ahead and complete it on their behalf—the choice is yours.
• Download, print or e-file the bond, and move on to your next case. That’s how easy we make bonding for attorneys.

Court bonds include: appeal, supersedeas, injunction, TRO, replevin, attachment and many more. 

Fiduciary bonds include: administrator, executor, estate, probate, personal representative, trustee, conservator, guardian and more. 

As direct bond writers, Colonial Surety Company’s team is here to help ensure you meet even the most persnickety of court bonding requirements for every jurisdiction in the country. 

The Partnership Account® for Attorneys

Colonial Surety Company is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score.