Injunctions in Florida
An injunction is a court order requiring a party to do something (mandatory injunction) or refrain from doing something (prohibitory injunction). In Florida, injunctions are equitable remedies governed by Florida Rule of Civil Procedure 1.610 and are issued when monetary damages alone would not adequately address the harm.
Types of Injunctions
- Temporary restraining order (TRO): Emergency order issued ex parte (without the other side present) to prevent immediate, irreparable harm. Limited duration (typically 15 days).
- Temporary injunction: Issued after notice and hearing during litigation to preserve the status quo until trial. Requires a bond.
- Permanent injunction: Final remedy issued after trial on the merits.
- Domestic violence injunction: Governed by Section 741.30; separate procedures from civil injunctions.
Four-Part Test for Temporary Injunctions
- Likelihood of success: The movant must show a substantial likelihood of prevailing on the merits
- Irreparable harm: Harm that cannot be adequately compensated by money damages
- Balance of hardships: The threatened injury to the movant outweighs potential harm to the opposing party
- Public interest: The injunction must not disserve the public interest
Real Estate Applications
- Prevent property transfer during litigation (paired with lis pendens)
- Stop construction violating zoning, codes, or restrictive covenants
- Prevent blocking of easements or rights-of-way
- Halt environmental contamination threatening adjacent properties
- Enforce HOA deed restrictions
Related Terms
- Lis Pendens — Notice of pending property litigation
- Restrictive Covenant — Property use restriction
- Equitable Relief — Non-monetary court remedies
- Trial — Judicial proceeding for permanent relief
Barnes Walker Injunction Services
Barnes Walker’s litigation attorneys obtain and defend against injunctions in real estate, business, and civil disputes throughout the Twelfth Judicial Circuit. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC