What is the Difference Between Injunction and Stay Order?

The main difference between an injunction and a stay order lies in their purpose and effect:

• Injunction: An injunction is a court order compelling a person to do or not to carry out a particular action. It can be categorized into different types, such as ad-interim (ones granted during the pendency of an application and operative until its disposal) and perpetual (ones granted after the final decision in a case). Injunctions operate as soon as they are issued and are applicable against a person. They are typically used to prevent irreparable harm or to maintain the status quo in a situation.
• Stay Order: A stay order indicates the stoppage, arrest, or suspension of judicial proceedings. It operates against a court and is primarily passed against the execution (implementing the decree) of a judgment or order. Stay orders are usually granted pursuant to a statute or rule. They pause the process of an action that is already pending and are often used to give a judgment-debtor time to pursue an appeal or seek other relief.

In summary, an injunction is a court order directed towards a person to compel or restrain a specific action, while a stay order is a judicial directive that suspends or postpones legal proceedings.

Comparative Table: Injunction vs Stay Order

Here is a table comparing the differences between an injunction and a stay order:

In summary, an injunction is a court order that directs a person or entity to do or not do a specific action, while a stay order is a court order that temporarily suspends the execution of a court judgment or order or suspends a specific proceeding within a case. The key differences between them include the parties they are applied against, the effect of the order, and the consequences of violating the order.