Legal Question in Civil Litigation in Virginia

Injunctions in VA

How does one file an injunction in the State of Virginia and what form is used? Are injunctions filed in district court or in circuit court?

Asked on 7/18/06, 10:26 am

2 Answers from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Injunctions in VA

I would NOT try to seek injunctive relief without the help of an attorney. I assume you are seeking preliminary injunctive relief and thus it is a time sensitive matter. The best thing to do is call someone ASAP. Injunctions involve a number of complicated factors and are generally considered under the "Blackwelder" standards, which is a four part test as to whether or not to award the injunction. The party seeking the injunction, if successful must post a bond equivalent to the opposing party's potential loss as occasioned by the injunction for the period the injunction lies. Thus there is a very important jurisdictional and cost benefit analysis to be performed before you file.

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Answered on 7/18/06, 10:41 am

Jonathon Moseley Moseley Legal Associates LLP

Re: Injunctions in VA

It is far harder to get an injunction than almost anything else in the law. And an injunction is only available in narrow circumstances. So I think you need to carefully consider what you are really trying to accomplish, and what is the best way to get there.

Your question is quite vague, unfortnately, and it is not so easy to answer.

Nornally, an injunction is a tool inside of another kind of lawsuit. An injunction is usually a type of REMEDY (relief requested) as a consequence of some other lawsuit. In other words, an injunction is an OUTCOME, but is not really a type of lawsuit in and of itself.

So, you would file a lawsuit that BECAUSE the defendant did XYZ wrong, therefore you are asking for a, b, c, and d, including an injunction and other relief.

But normally you cannot ask for an injunction without first filng some other kind of lawsuit directly focused on the original problem.

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Answered on 7/27/06, 9:40 pm

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