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Civil procedure

injunctions

An injunction is a court order requiring the parties to whom it is addressed (the enjoined parties) not to engage in certain activity (a prohibitory injunction) or to engage in certain activity (an affirmative injunction), and is usually designed to maintain the current state of things (the status quo).

In Massachusetts, an injunction is a legal remedy issued by a court that commands or prohibits specific actions by the parties involved. A prohibitory injunction prevents the enjoined parties from performing certain activities that could be harmful or violate the rights of the other party. Conversely, an affirmative injunction requires the parties to take specific actions. Injunctions are often sought to maintain the status quo, preventing further harm or change until the court can make a final decision on the matter. To obtain an injunction in Massachusetts, the party seeking the injunction must file a complaint and demonstrate that they are likely to suffer irreparable harm without the injunction, that they are likely to succeed on the merits of the case, and that the balance of equities tips in their favor. The court will consider these factors and the public interest when deciding whether to grant an injunction. In emergency situations, a temporary restraining order (TRO) may be issued to provide immediate relief until a hearing for a preliminary injunction can be held.

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Civil procedure

injunctions

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Civil procedure

injunctions

Articles