A perpetual injunction shall be granted only after hearing and upon a final decree.
§ 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
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 / LexisNexis. Last verified July 17, 2026.
· Official source
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