In the simplest terms, an injunction is a court order that tells someone to stop doing something or, occasionally, to start doing something. While they have deep roots in civil lawsuits, their impact on the criminal justice system is profound. We view injunctions as a way to hit the "pause button" on a crisis. They are a means of stabilizing a situation before it spirals out of legal control.

Most people think of criminal law as a reaction to something that has already happened. A crime occurs, an arrest follows, and a trial begins. But at McCulloch Law, we know that the most effective legal work often happens before a jury ever hears a word. This is the point at which the injunction's power becomes relevant.

(1) The McCulloch Perspective: Law as a Shield

When we walk into a courtroom, we are looking at the statutes and the immediate safety and rights of our clients. In a criminal context, an injunction usually takes the form of a protective order or a restraining order.

We often tell our clients that an injunction is "equitable relief." This is a fancy way of saying the court is doing what is fair to prevent a future harm that money simply can’t fix. If someone is threatening your safety or trying to hide evidence of a financial crime, a lawsuit for damages three years from now won't help you today. You need the court to act now. That is what we do at McCulloch Law.

(2) The Two Faces of Injunctions

We generally deal with two types of orders in our criminal practice. Understanding the difference is vital for anyone caught in the middle of a legal dispute.

I) Prohibitory Injunctions: The "Stop" Sign

This is the most common tool we use. It creates a boundary. In domestic violence cases, we use these to ensure a defendant stays away from a victim’s home, workplace, and school. In white-collar cases, we might use a prohibitory injunction to stop a defendant from transferring funds out of a bank account.

The goal here is to preserve the status quo. We want to keep things exactly as they are until the judge can make a final ruling. If we don’t stop the action now, the damage will become permanent.

II) Mandatory Injunctions: The "Action" Requirement

These are rarer and much harder to get. A mandatory injunction requires a person to perform an affirmative act. In a criminal setting, we might see a judge order a defendant to surrender their firearms to local law enforcement or return stolen digital data.

Because these force someone to act rather than just sit still, the legal bar is higher. We have to prove to the court that the action is absolutely necessary to prevent a miscarriage of justice.

(3) Why the Legal Impact is So Massive

We at McCulloch Law have witnessed firsthand how an injunction can completely alter the course of a criminal case. It compels the legal system to change.

I) Pre-Trial Leverage

An injunction often requires a hearing very early in the process. This gives us an opportunity to see the other side’s hand. We get to hear testimony and review evidence months before a trial starts. This "early look" allows us to build a more robust strategy for our clients.

II) The Lower Burden of Proof

This is a point of confusion for many. To convict someone of a crime, the state needs proof "beyond a reasonable doubt." However, to get a temporary injunction, the standard is often much lower. It might only be a "preponderance of the evidence," meaning it is more likely than not that the harm will occur. We help our clients navigate this gap, ensuring they aren't blindsided by an order based on a lower standard of proof.

III) Immediate Civil Restrictions

An injunction can strip away rights instantly. It can take away your right to own a gun, your right to live in your own home, or your right to see your children. This happens before you are ever "guilty" of a crime. We take these restrictions seriously because we know they upend lives. Our job is to ensure these orders are narrow, fair, and not used as a weapon of harassment.

(4) Civil vs. Criminal Injunction and McCulloch Law Strategy

To help you understand where these orders sit in the legal world, we’ve put together a quick comparison.

Civil Injunction

Who initiates it?
Private individuals or companies.

What is the goal?
To resolve or prevent harm in a private dispute.

Who enforces it?
If someone violates the order, the other party must return to court to seek enforcement.

Common example:
A court order stopping a neighbor from cutting down a disputed tree.

Consequence of breach:
Fines, sanctions, or civil contempt — but not immediate arrest in most cases.

Criminal / Protective Injunction

Who initiates it?
Victims, prosecutors, or the court itself.

What is the goal?
To protect public safety or a specific victim from harm.

Who enforces it?
Law enforcement can immediately arrest someone for violating the order.

Common example:
A “no-contact” order issued in a stalking or domestic violence case.

Consequence of breach:
Jail time and new criminal charges.

When we represent a client, our strategy depends on which side of the injunction they are on.

If we are seeking an injunction, we move with speed. We gather affidavits, digital footprints, and police reports to show the court that "irreparable harm" is imminent. We explain why the world is a more dangerous place without it.

If we are defending against an injunction, we look for overreach. Is the order too broad? Is it based on hearsay rather than hard evidence? Often, an injunction is used to gain an upper hand in a divorce or a business dispute. We peel back those layers to show the court the true motivation behind the filing.

(5) The Danger of the "Paper Tripwire"

The most significant impact of a criminal injunction is the "tripwire" effect. We tell our clients that once an injunction is signed, the "rules of the world" have changed for them.

If you have a no-contact order and the other person calls you, do not pick up. If they show up at your house, do not open the door. Even if they say, "It’s okay, I’ve forgiven you," the law does not care. Only a judge can dissolve an injunction.

A violation of a court order is often a "strict liability" offense. This means it doesn't matter if you intended to break the law. If you were within 500 feet of the person when the order said 600 feet, you are in violation. We spend a significant amount of time educating our clients on how to live within the boundaries of these orders to avoid "contempt of court" charges.

(6) It Protects the Integrity of the Trial

Injunctions also serve the court itself. We frequently see orders issued to prevent witness tampering or evidence destruction.

Imagine a high-stakes fraud case where the defendant starts deleting emails the moment they hear about a grand jury. We can work to secure an injunction that freezes those servers. In the eyes of the law, protecting the truth is just as important as protecting a person. When the "integrity of the judicial process" is at risk, the injunction is the court's strongest shield.

(7) How McCulloch Law Handles "Ex Parte" Orders

Sometimes, an injunction is issued "Ex Parte." This means the judge makes the order after hearing from only one side. This usually happens in emergencies where there isn't time to notify the other person.

While these are necessary for safety, they are also ripe for abuse. We prioritize "Return Hearings." These are the follow-up dates where the person being restrained finally gets to tell their side. We believe that everyone deserves their day in court, especially when their movements and rights are being restricted by the state.

Would you like us to review a specific protective order or discuss the strategy for an upcoming injunction hearing?