The Difference between Injunction and Restraining Order
What is an Injunction?
The term Injunction is defined as the order of the court commanding a person to refrain from doing a particular act or to do a particular act.
In law, an injunction is recognised as an equitable remedy which is granted on the basis of the facts of the case and asserting the potential harm that could arise to the plaintiff.
Injunctions are granted by the court when the court is of the view that there is or will be an irreparable injury caused to the plaintiff.
When does a plaintiff demands for an Injunction?
The demand for an injunction by a plaintiff is typically requested when the plaintiff is of the view that the monitory settlements or granted damages will not be sufficient to repair the loss/harm or injury caused to him/her.
What are the categories of injunctions available to the plaintiff?
The plaintiff may request for the following injunctions, either one or more –
- Preliminary injunctions
- Permanent injunctions
- Prohibitory injunctions
- Mandatory injunctions
What is a Restraining Order?
The term Restraining Order is defined as an official order of the court issued to an individual commanding the individual to refrain from certain actions.
The restraining order is a form of immediate relief sought by a Plaintiff usually for the purpose of getting immediate and quick remedy and protection.
To obtain a restraining order from the court the plaintiff should file an application in the court to obtain the order.
Difference between the Injunction and Restraining Order –
Injunction |
Restraining order |
| An injunction is a writ or the order of the court prohibiting the performance of an action. | It is an order of the court issued to refrain a person from causing harm or harassment to another. |
| Injunctions are granted only after a legal process where the court studies the matter with great caution and its decision is based on the facts of the case and the potential harm that would arise to the plaintiff and are granted when the court is satisfied that an irreparable injury is or will be caused to the plaintiff. | To obtain a restraining order, there is no hearing involved. |
| Injunctions are equitable remedies granted by the court on the facts of the case and are much intense in nature. | Restraining orders typically are viewed as an immediate protection or a temporary measure protecting a person from any harm or harassment. They are the court orders immediately prohibiting threatened actions. |
| Injunctions are typically issued in civil cases by the court. | Restraining orders are popularly obtained in family cases or cases of domestic violence. They are also granted by the court in cases relating to employment disputes such as workplace harassment or harassment by organisations and also in cases of stalking. |
| Injunctions may be granted permanently, mandatorily, and can be prohibitory or preliminary in nature. | They are not permanent orders and are usually granted by the court for a lesser duration, for a few weeks, a period of 3 to 6 months. |
