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§ 9-5-10.Perpetual injunction after hearing

Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026

In one sentenceThis section requires that a perpetual, or permanent, injunction be granted only after a hearing and upon entry of a final decree, distinguishing it from temporary or interlocutory relief that can issue on a more limited showing.

Full Text of § 9-5-10

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A perpetual injunction shall be granted only after hearing and upon a final decree.
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Plain-English Summary

Not every injunction is meant to last. This section addresses the kind that is — a perpetual injunction, one that permanently restrains the conduct at issue — and sets a firm precondition: it comes only after a hearing, and only as part of a final decree.

That distinguishes a perpetual injunction from earlier-stage relief a court might grant to hold things in place while a case is pending. A perpetual injunction represents the court’s final word on the merits, not a stopgap measure, so the statute requires the full process — a hearing where both sides are heard — before it takes effect.

For a party seeking permanent relief, the message is one of patience: an injunction meant to bind indefinitely has to earn that status through a complete hearing and a final decree, not through an early or provisional ruling.

Frequently Asked Questions

What must happen before a Georgia court grants a perpetual injunction?

The section requires a hearing and entry of a final decree before a perpetual injunction may be granted.

What is a “final decree” in this context?

The section does not define the term further, but it refers to the court’s concluding judgment on the merits of the case, as opposed to a preliminary or interim ruling.

Can a perpetual injunction issue without a hearing?

No. The section states that a perpetual injunction shall be granted only after hearing, which forecloses issuing one without giving the parties that process.

How does a perpetual injunction differ from other injunctions described in this chapter?

Unlike a second injunction or an injunction issued under the general discretion standard, a perpetual injunction is tied specifically to a hearing and a final decree, marking it as the court’s permanent resolution rather than an interim measure.

Does this section describe the procedure to be followed at the hearing?

No. It requires that a hearing take place and that a final decree be entered, without detailing the procedural steps of the hearing itself.

Amendment History

Orig. Code 1863, § 3146; Code 1868, § 3158; Code 1873, § 3225; Code 1882, § 3225; Civil Code 1895, § 4923; Civil Code 1910, § 5500; Code 1933, § 55-111.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source
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