Prohibitory Injunction Law & Legal Definition


Prohibitory injunction refers to an injunction that prohibits the defendant from taking a particular action and maintains the positions of the parties until there is a hearing to determine the matter in dispute. An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. An injunction clearly forbids a certain type of conduct. A person who violates an injunction is in contempt of court and the court may fine or imprison him.

Federal Rule of Civil Procedure 65(d) requires the language of injunctions to be reasonably clear so that ordinary persons will know precisely what action is proscribed. [United States v. Holtzman, 762 F.2d 720, 726 (9th Cir. Cal. 1985)]. Originally courts granted only prohibitory injunctions, on the grounds that the performance of affirmative orders could not be easily compelled or supervised.