Temporary vs Permanent Injunctions: Key Differences in Civil Remedies

Injunctions are powerful civil remedies. They are court orders telling someone to either stop doing something or, occasionally, to do a specific act. But there’s an important difference between temporary and permanent injunctions that many people miss.

A temporary injunction (also called interim or interlocutory injunction) is granted while the main case is still going on. Imagine your neighbour suddenly starts building on disputed land. If you wait till the final judgment, the damage may be irreversible. So you request the court to temporarily stop the construction until the case is decided. The court looks at three things: whether you have a prima facie case, whether the balance of convenience is in your favour, and whether you’ll suffer irreparable harm if no protection is given.

A permanent injunction, on the other hand, comes only at the end of the case. After hearing evidence and arguments, the court decides your rights and, if appropriate, passes a final order restraining the other side permanently from interfering with your property or rights.

Temporary injunctions are about preserving the status quo. Permanent injunctions are about finally deciding and protecting legal rights. Both require proper pleadings and evidence, but the urgency and standard of examination differ at each stage.