Two Sources of Authority for Texas Injunctive Relief
Injunctive relief in Texas rests on one of two sources: general equitable principles, or express authorization in a specific statute. In any action for injunctive relief, the traditional principles, practices, and procedures of courts of equity control, so long as they do not conflict with Texas statutes or rules of procedure.
Which source applies to your situation matters. A specific statutory ground can make relief easier to get, and sometimes removes requirements that would otherwise apply. The same statute can also limit what the court is allowed to do.
The Five General Statutory Grounds
The general statute on injunctions is Chapter 65 of the Texas Civil Practice and Remedies Code. It allows a writ of injunction in any of the following situations.
1. Restraining an act that prejudices the applicant
When the applicant is entitled to the relief demanded, and all or part of that relief requires restraining an act prejudicial to the applicant, an injunction may issue.
This is the broadest of the five grounds. It covers situations where the applicant has a clear substantive right and the only effective relief is stopping the defendant from acting against it.
Even so, this ground does not eliminate the need to prove irreparable injury and the absence of an adequate legal remedy. Both equitable showings are still required.
2. An act that would make a future judgment worthless
When a party performs, or is about to perform, an act relating to the subject of pending litigation that violates the applicant’s rights and would tend to render a future judgment ineffectual, an injunction is available.
This is one of the most frequently used grounds in Dallas commercial litigation. A common example is a debtor moving assets out of reach before a judgment can be entered. If you win but there is nothing left to collect, the judgment is worthless. This ground supports asset-freeze TROs and orders that prohibit dissipating the property at the center of the dispute. See our Asset Freeze Injunctions page.
3. General equitable grounds
When the applicant is entitled to an injunction under the principles of equity and the statutes governing injunctions, an injunction may issue. This is the residual equitable ground. Texas courts have inherent authority to act when equity demands it and no other specific ground cleanly applies.
This ground requires proof of all five equitable elements: a probable right of recovery, probable imminent irreparable injury, no adequate legal remedy, a balance of equities favoring the applicant, and no disservice to the public interest.
4. A cloud on the title of real property sold in error
When real property is being sold under an execution against a party who had no interest in it at the time of sale, and the sale would cloud the title, an injunction may issue irrespective of any remedy at law.
This ground protects property owners from having their land sold to satisfy someone else’s debt. The phrase “irrespective of any remedy at law” matters, because it removes the usual requirement to prove that money damages would be inadequate.
5. Threatened irreparable injury to property
When irreparable injury to real or personal property is threatened, an injunction may issue, again irrespective of any remedy at law. Examples include the threatened destruction of mineral resources, threatened damage to property that cannot be replaced, and the threatened demolition of structures in violation of legal restrictions.
When a Specific Statute Applies
Beyond the five general grounds, many Texas statutes expressly authorize an injunction for particular kinds of harm. A specific statute like that can change the analysis in two ways.
How a specific statute can help
Express statutory authorization supersedes the equitable requirements that would otherwise apply to a common-law injunction. If a statute specifically authorizes injunctive relief for a particular harm, the applicant does not necessarily have to show the absence of an adequate remedy at law. The legislature has already made that determination.
How a specific statute can limit relief
The express terms of the statute can also limit what the court may do. When an action to enjoin a nuisance is brought under statutory authority, only the activities the statute defines as nuisances can be enjoined. The statute expands the grounds and narrows the scope at the same time.
Trade Secrets
Texas law expressly authorizes injunctions to prevent actual or threatened misappropriation of trade secrets. The injunction can be obtained before the misappropriation has caused any harm, because a credible threat is enough. See our Trade Secret Injunctions page.
Non-Compete Agreements
Texas has a specific statute governing enforcement of non-compete covenants. When a non-compete meets the legal requirements, courts regularly issue TROs and temporary injunctions to stop active violations. If a non-compete is overly broad, courts can reform it to a reasonable scope and enforce the narrowed version instead of throwing it out entirely. See our Non-Compete Injunctions page.
Trademark and Business Reputation
One statute lets a person bring an action to enjoin an act likely to injure a business reputation or to dilute the value of a registered or common-law trademark or trade name. Because injunctive relief is expressly authorized, the applicant does not need to separately prove the absence of an adequate remedy at law.
Fraudulent Transfers
When assets are being transferred to put them beyond the reach of creditors, Texas law provides specific injunctive remedies in addition to the general TRO framework. See our Asset Freeze Injunctions page.
When the Equitable Requirements Still Apply
A plaintiff is not relieved of the equitable requirements just because the defendant allegedly violated a statute. If a request to enjoin a statutory violation rests on general equitable principles rather than a statute that expressly authorizes injunctive relief, all of the equitable requirements still have to be met.
Proving the defendant broke a law does not automatically entitle the plaintiff to an injunction. Courts routinely reject the argument that a statutory violation, by itself, justifies the extraordinary remedy of an injunction.
Contractual Provisions That Support Injunctive Relief
There is also a useful supplemental ground. When a contract between the parties states that a breach would cause irreparable harm for which money damages are inadequate, and that the non-breaching party is entitled to injunctive relief, Texas courts treat that language as meaningful evidence supporting an injunction.
Courts have recognized Texas’s strong public policy favoring freedom of contract. Absent a statute or fundamental policy that prevents waiver, parties can contractually acknowledge that equitable relief is appropriate on breach. Such a provision is not conclusive, since courts still look at all the circumstances, but it considerably strengthens an application for injunctive relief.
Frequently Asked Questions About Grounds for Injunctions
Can I get an injunction just because the other side violated our contract?
Not automatically. A breach of contract gives you a damages claim. To also obtain an injunction, you must show that money damages alone are not adequate relief, meaning the harm from the breach is irreparable. Many contract breaches can be fully compensated by money, and courts will not substitute an injunction for an ordinary contract remedy just because a breach occurred.
Does the fact that something is illegal mean I can get an injunction to stop it?
Not without more. Unless the law the defendant violated specifically authorizes injunctive relief, you must still prove the equitable requirements: imminent irreparable harm, no adequate remedy at law, and the other elements. A statutory violation is relevant to your underlying merits. It is not by itself a free pass to an injunction.
Our contract says the other side can be enjoined if they breach it. Does that guarantee us an injunction?
No, but it helps. Texas courts treat contractual acknowledgments of irreparable harm as meaningful evidence supporting injunctive relief. Combined with actual evidence of the harm, a well-drafted contractual provision is a valuable part of the application.
What if my situation does not fit neatly into any of these categories?
Texas courts have broad equitable authority under Ground 3. If your situation involves real, imminent, irreparable harm that money cannot fix, and you have a probable right of recovery, courts have authority to grant injunctive relief even without a specific statute on point. Call us and describe your situation, and we will tell you quickly which grounds apply.