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What is an injunction?
An injunction is a court order issued against a particular person or group of people prohibiting them from doing a particular action or requiring them to do something. It could be a request for someone to stay away from a particular person/place in the form of a restraining order, or a simple order to stop personal harassment etc.
Why would you get an injunction?
If you feel threatened by an individual and have just cause to feel that way (person in question has shown intent to harass you or make you feel uncomfortable in some way) then you may want to file an injunction. Other reasons include being concerned for the safety of someone you are taking care of e.g. your child or having the ability to search a home/place in the belief of finding evidence to prove an injustice.
How does an injunction work?
An application is made to the court by you, either online or through a legal representative, and then the matters will be dealt with by the court. A written statement of truth must be made in the process with proof of wrongdoing/harassment which has forced the hand.
If the strict code of that specific injunction is broken i.e. a person enters a place they have been ordered to stay away from, then the powers of the injunction will come into effect. Usually, this comes in the form of the “Powers of Arrest” which, as you may have gathered from its name, gives the police authority to arrest the subject for breaching the terms of the injunction filed against them.
What types of injunctions are there?
Restraining orders
There are a wide range of injunctions, however the most frequent ones are all essentially restraining orders. Restraining orders are normally issued at the end of a criminal case, but similar orders can be used elsewhere.
Non-molestation order
The most common one in the UK is the non-molestation order. This is the one that you would get if you were at risk of harassment or if you felt the lives of you and/or your family would be disrupted by causing you physical harm or distress from any other abuse e.g. verbal.
Occupation orders
There are also occupation orders which states which people can or cannot live at a particular place. This may be used if a member of a family is deemed to be enough of a negative influence to others in that home that action must be taken to protect the other people living there.
Common law injunction
A common law injunction is similar to the non-molestation order, however this can only be used in situations where the parties involved aren’t married. It can be used with unmarried couples that don’t live together or even on a neighbour who is deemed guilty of harassment. It is essentially to deal with any injunctions surrounding claims of harassment that are not marital.
Publication injunctions
A publication injunction prevents someone from writing something about you. This application can be made in the High Court or County Court.
Property injunction
Property injunctions are a little risky, so you must be sure if you do apply for one, that it is done in the High Court. Here at Goughs, our real estate solicitors can advise you better on this depending on your situation. A property injunction also requires you to pay for your opponent’s legal costs if you come out on the losing side. Within this you can also see freezing injunctions which prevent your opponent from doing anything with the property i.e. sell/pass the property onto someone else.
Search Orders
Search orders are potential offshoots of other injunctions which allow someone to search a property/place/building with the possibility of discovery evidence relent to another case.
Housing injunction
A housing injunction is typically used by housing associations in an attempt to stop anti-social behaviour from tenants.Tenants can also apply for injunctions against landlords if they are deemed to have continually disrupted the right to “quiet enjoyment” of the property.
How long can it take to get an injunction?
It can take one to two weeks typically to get an injunction through the courts. However, if an individual feels at immediate risk of danger then they can apply for an emergency order that will protect you and your family until at least a court hearing.
How do you go about getting an injunction?
If you want to act fast you can do it online on the GOV.UK website, however it is important that you seek legal advice/representation before entering any conflict such as this. If you apply, the opponent must be informed after the order has been made. They have a right to know who issued the application for the injunction.
Seeking a solicitor’s advice is probably the best way to evaluate the situation, gather all the information properly and effectively go to court. The solicitor will deal with all the documentation required and fight on your behalf as you seek safety, justice or information.
What do you need to get an injunction?
The truth and the proof, as well as a solicitor or some other form of legal representation. The lawyer will help you through the process as well as be critical if or when the matters are taken to court.
If you are looking to obtain an injunction we have specialist family injunction solicitors who can assist with any of the possible cases listed above.
