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There are various types of injunctions which govern behaviour towards others, mainly those who are presently or have at any time been in a relationship. They exist to give security to individuals and their families.
The most common Orders are “Non-molestation Orders” and “Occupation Orders”.
If you face threats or acts of violence, harassment or aggression, Franklins can offer you help in obtaining legal protection through the Courts. There are different forms of protection available including formally forbidding certain behaviours as well as excluding an individual from a property. If these conditions are breached then the case can be brought before the Court with a view to the offender being prosecuted. During this process the Courts can work to keep you safe from potential harm.
If you are faced with an accusation which may lead to an application for an injunction against you or there are Court proceedings already underway we are able to offer you advice and assistance. In circumstances where you are required to attend Court, we can provide you with representation and advice throughout the process.
Once an injunction is put in place it orders an individual to refrain from behaving in a certain way. If the criteria set out in the Court Order are breached, steps can be taken to enforce the order and address the breach.
An injunction is a judicial order, preventing one party from acting in a way that threatens or invades the legal right of another. A common type of injunction is a restraining order which aims to prevent contact between the offender and the victim.
The most common types of injunctions include permanent injunctions, temporary restraining orders and preliminary injunctions.
The primary purpose of an injunction is to prevent one party harming another party.
If an injunction is applied by a court during divorce proceedings it would prevent one party from some form of contact with the other party, in order to reduce the chance of further harm being done.
The length of an injunction will be determined by the court. Many injunctions are issued for a period of around 6 to 12 months, but can be shorter or longer, depending on the circumstances.
After the court has ordered an injunction it is possible to apply to have the injunction removed if you are able to supply some evidence that suggests it shouldn’t be put in place.
When an injunction is sought, the court will invite evidence from the accuser and the defendant before making a decision. Based on the evidence, the court will decide if an injunction should be issued.
An injunction will not show up on a basic background check; however, if an injunction is breached resulting in a criminal offence being committed then this will show up on background checks.
If you have any questions about family law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
