A permanent injunction extends or maintains the status quo indefinitely. Unlike a preliminary injunction which the court issues pending the outcome of a lawsuit, a permanent injunction is of unlimited duration and alters the status quo, in that the court will determine the rights between the interested parties after discovery between the parties and after hearing the evidence and arguments of the parties at a trial or ultimate hearing. A permanent injunction will be a final order from the court that a person or entity refrain from certain specified actions.
A court may enter a permanent injunction only after the party seeking the injunction has demonstrated, by way of court hearing and after a full hearing on the merits, that the requisite elements for permanent injunctive relief are met and that a permanent injunction is therefore necessary. For a permanent injunction to issue, the plaintiff must prevail on the merits of his or her claim and establish that equitable relief is appropriate in all other respects. Before a court can issue a permanent injunction, a plaintiff must show a sufficient probability that future conduct of the defendant will violate a right of and injure the plaintiff. The issuance of a permanent injunction lies within the sound discretion of the court. A court will grant a permanent injunction only in urgent and extreme circumstances. Generally, this action will be categorized as an emergency business litigation matter.
The standard for issuing a permanent injunction is substantially the same as that applied to a request for preliminary injunctive relief except that the plaintiff must prove actual success on the merits rather than the likelihood of success on the merits.
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