Injunctive Relief
A court order directing a party to do or refrain from doing a specific act. Texas recognizes three principal forms based on duration: temporary restraining orders, temporary injunctions (preserving status quo through trial), and permanent injunctions (final relief on the merits).
Injunctive relief is a court order directing a party to do or refrain from doing a specific act. Texas recognizes three principal forms of injunctive relief based on duration: temporary restraining orders (very short term, ex parte if necessary), temporary injunctions (preserving status quo through trial), and permanent injunctions (final relief on the merits). Each requires distinct procedural and substantive showings.
Temporary restraining order (TRO)
A TRO may be issued without notice to the opposing party where immediate and irreparable injury would occur before notice could be served. TRCP 680. A TRO may not exceed 14 days, extendable for an additional 14 days for good cause. The applicant must post bond.
Temporary injunction
A temporary injunction preserves the status quo pending trial on the merits. To obtain a temporary injunction, the applicant must show: (1) a probable right to recover on the merits; (2) imminent and irreparable injury; (3) that there is no adequate remedy at law (damages alone are insufficient). Bond is required. TRCP 684.
Permanent injunction
A permanent injunction is final relief entered after trial on the merits, requiring the party to do or refrain from specified acts. The applicant must show on the merits (1) a wrongful act; (2) imminent harm; (3) irreparable injury; (4) no adequate remedy at law. Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002).
Bond requirement (TRCP 684)
Both TROs and temporary injunctions require posting of a bond to indemnify the enjoined party for any damages caused if the injunction is later determined to have been wrongfully issued. Bond amount is set by the court.
Injunctive relief is the principal remedy in trade-secret cases, noncompete disputes, and IP infringement matters where damages alone are inadequate. The "no adequate remedy at law" requirement is the most-litigated element, Texas courts construe it strictly, requiring a genuine showing that money damages cannot make the plaintiff whole.
Companion article: Non-Competes in Texas
Practice guide: Cease and Desist Letters