What Is a Temporary Injunction?

What Is a Temporary Injunction?

Time is one of the most valuable resources in human life. In certain circumstances, the passage of time may result in damages that cannot be remedied. One of the ongoing challenges within the Iranian judicial system is the prolonged duration of litigation due to the high volume of cases before courts. Such delays may result in serious, and sometimes irreparable, harm to the parties involved in legal disputes. Accordingly, pursuant to Article 310 of the Iranian Civil Procedure Code, the legislator has provided the legal mechanism of a temporary injunction in civil matters.

Legal Definition and Difference Between Temporary Injunction and Attachment Orders

Meaning of Temporary Injunction

A temporary injunction is a judicial order issued by a competent court requiring the performance of an act, the refraining from an act, or the seizure of property. It is considered an ancillary measure to the principal claim. The effect of such an order is temporary and remains in force until the urgency is resolved or a final judgment is rendered.

For example, if a mother who has custody of a child prevents the father from meeting the child, the father may seek a temporary injunction to enforce visitation rights. A temporary injunction does not constitute the main subject of the dispute but is closely connected to the primary claim.

Comparison Between Temporary Injunction and Attachment of Property

There are several fundamental differences between a temporary injunction and an attachment order:

• Establishing urgency is essential for issuing a temporary injunction, whereas an attachment order does not necessarily require proof of urgency.
• Attachment orders generally cannot be appealed, while temporary injunctions may be subject to appeal.
• Attachment orders typically relate to financial matters, whereas temporary injunctions may also address non-financial issues.

Conditions for Issuance of a Temporary Injunction

Courts cannot issue a temporary injunction on their own initiative. The primary requirement is a request by an interested party. The issuance of a temporary injunction does not require strict procedural formalities and may be granted upon request, even if the request is made verbally. In such cases, the court must record the request in the official minutes and obtain the requesting party’s signature.

Temporary injunctions are issued only in matters requiring immediate determination. The judge handling the case has the authority to determine whether urgency exists. If the injunction is not requested within the framework of another claim, payment of a filing fee equivalent to that of non-financial claims is required.

Enforcement of a Temporary Injunction

Following submission of the request and verification of legal requirements, the judge may issue an injunction without examining the substantive merits of the main dispute. There is no necessary correlation between the final judgment and the issuance of a temporary injunction, and in certain cases, the final ruling may differ from the temporary order.

Typically, the applicant must deposit an amount as a potential damages deposit. If the applicant ultimately fails to establish their legal right or if the opposing party suffers damages as a result of the injunction, compensation may be paid from the deposited amount held by the judiciary. In certain cases, such as temporary injunctions concerning child custody, the court may issue the injunction without requiring the deposit of potential damages.

Revocation of a Temporary Injunction

Since a temporary injunction does not constitute a final judgment, it may be revoked under certain circumstances, including:

• If the applicant is ultimately found to have no legal entitlement, or if the main claim is dismissed or declared inadmissible.
• If the circumstances that justified the issuance of the injunction cease to exist.
• If the defendant provides appropriate security corresponding to the subject matter of the injunction.
• If the main lawsuit has not been filed prior to issuance of the injunction, the applicant must file the principal claim within twenty days from the date of issuance and submit proof of filing to the issuing court. Failure to do so may result in the revocation of the injunction upon the request of the opposing party.

Frequently Asked Questions About Temporary Injunctions