Select your state

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 West Virginia, 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 unjust, while an affirmative injunction requires them to take specific actions. Injunctions are often sought to maintain the status quo, preventing any changes that could prejudice the rights of a party before the court can fully adjudicate the matter. The process for obtaining an injunction in West Virginia typically involves the party seeking the injunction to file a complaint and a motion for a temporary restraining order or preliminary injunction, demonstrating the immediate need for relief and the potential for irreparable harm. The court then considers factors such as the likelihood of success on the merits of the case and the balance of equities between the parties. If granted, the injunction remains in effect until the court issues a final ruling on the matter or until further order of the court.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

injunctions

Individual & Family Legal Plan

Articles

West-Virginia State Code

West-Virginia State Code

Civil procedure

injunctions

Articles