Meaning
Judicial orders directed at a specific person command that individual to perform or stop a particular action. In personam injunctions focus on the behavior of the party rather than the status of an asset or property. The court exerts its authority over the individual because of their presence within the jurisdiction.
This power is used to prevent harm that cannot be adequately compensated by money.
Personal Jurisdiction
Legal authority over the individual is the foundation of the court’s power to issue such an order. The defendant must have a sufficient connection to the territory for the court to exercise its discretion. Using in personam injunctions allows a judge to control the conduct of a person even when the assets involved are located elsewhere.
The boundary of the order is the court’s ability to enforce its will through the threat of sanctions.
Equitable Remedy
Immediate relief is provided when a party shows that they will suffer irreparable harm without the intervention of the court. A pilot hearing often establishes the likelihood of success on the merits of the case. The cost of calling for an injunction too early is the potential for a wrongful restraint on the defendant’s liberty.
Courts weigh the balance of hardships between the two parties before granting the request.
Contempt Risk
Chronic failure to obey the terms of the order leads to severe penalties for the individual. The subject of the order must ensure full compliance to avoid being held in contempt of court. Audits of the defendant’s actions verify that they have not circumvented the restrictions.
The injunction remains in force until it is dissolved by the court or the underlying case is resolved.
