Russell

Here we reaffirm the long-standing principle that a prohibitory injunction may not issue unless the court finds there is a threat of future harm.

FACTUAL AND PROCEDURAL BACKGROUND

Thomas Douvan and Lance Russell are attorneys who represented opposite sides in a dispute. Russell claimed that after a court appearance Douvan followed him into an elevator and forcefully grabbed his arm. Russell filed a petition for an injunction prohibiting harassment under Code of Civil Procedure section 527.6. 1 Following an evidentiary hearing, the court concluded that Douvan committed a battery and issued an injunction. Russell did not attribute any other violent act or threat to Douvan. At the time of the hearing, Russell no longer represented a party in the underlying action. Russell and Douvan advised the court that they do not “regularly do business with [each other] or opposfe] each other.” The court stated: “[T]he legislature has given *401 a quite clear message that if there’s a battery or an assault committed and that’s demonstrated by clear and convincing evidence, and that’s it, that I am supposed to issue an injunction.” Douvan challenges the order because the court issued…