Understanding How Easy It Is To Get An Injunction

Obtaining an injunction can be a crucial legal step in protecting oneself or others from harm or harassment. However, the process of obtaining an injunction can be complex and time-consuming. In this section, we will explore the ease or difficulty of getting an injunction, the types of injunctions available, and the time it takes to obtain an injunction. We will also touch on the specific case of a non-molestation order.

When considering applying for an injunction, it is important to understand the different types of injunctions available. The most common types of injunctions include:

• Non-molestation Orders: These orders are designed to protect someone from violence, harassment, or intimidation. They can be obtained quickly and without notice in emergency situations.
• Occupation Orders: These orders can be used to determine who has the right to live in a property or to exclude someone from a property.
• Common Law Injunctions: These orders are not specifically provided for in legislation but can be granted by the courts on the basis of common law principles.

The time it takes to obtain an injunction can vary depending on the circumstances. In cases where an emergency order is required, an injunction can be obtained quickly and without notice. In other cases, the process can take several weeks or even months. It is important to note that the court will only grant an injunction if it is satisfied that there is a real risk of harm or danger.

Overall, obtaining an injunction can be a difficult and complex process that requires the assistance of a qualified solicitor. However, for those who are at risk of harm or harassment, an injunction can provide crucial legal protection.

Key Takeaways

• Getting an injunction can help protect oneself or others from harm or harassment.
• There are different types of injunctions available, including non-molestation orders, occupation orders, and common law injunctions.
• The time it takes to obtain an injunction can vary depending on the circumstances.
• The court will only grant an injunction if there is a real risk of harm or danger.
• The assistance of a qualified solicitor is crucial in obtaining an injunction.

Legal Procedures for Obtaining an Injunction

Obtaining an injunction in the UK involves a legal process that requires applying for a court order to prevent harm or damage. One can apply for an injunction at the family court, county court, or high court. The process involves making an application to the court and submitting a statement of truth verifying the information provided.

There are different types of injunctions available, including a common law injunction and a non-molestation order. A non-molestation order prevents someone from molesting or causing harm to another person. Applying for a non-molestation order involves submitting an application to the court and providing evidence of the risk of harm.

The court may also issue an emergency order, which is a temporary injunction that provides immediate protection to someone at risk of harm. Emergency orders are typically issued when there is an immediate risk of harm, and the person at risk needs immediate protection.

When making an application to the court, it is essential to provide accurate and truthful information. The court will consider the application and the evidence provided to determine if an injunction is necessary. The court will also consider the power of arrest and the consequences of breaching the injunction.

Finally, it is essential to consider the costs involved in obtaining an injunction. Legal representation can be expensive, and it may be challenging for some individuals to afford a solicitor. However, individuals may be entitled to legal aid to help cover the legal costs of obtaining an injunction. Free legal advice may also be available to those seeking to obtain an injunction. When making an application to the court, it is essential to provide accurate and truthful information. The court will consider the application and the evidence provided to determine if an injunction is necessary. The court will also consider the power of arrest and the consequences of breaching the injunction.

Factors Considered by the Court

When deciding whether to grant an injunction, the court will consider a range of factors to determine whether there is sufficient cause for an order to be made.

One important consideration is the power of arrest. If an injunction is granted with a power of arrest, it means that the person subject to the order can be arrested if they breach its terms. This can be a powerful tool in ensuring compliance with the injunction and protecting the person seeking the order.

In some cases, the court may also issue an emergency order, which can provide immediate protection in urgent situations. This allows the court to act quickly to prevent harm and ensure the safety of those involved.

Protecting someone from harm is a primary concern for the court when considering injunctions. If the court believes that someone is at risk of significant harm, it may be more likely to grant an injunction. This can include cases of domestic abuse or harassment, where the person seeking the order may be particularly vulnerable.

The court may also consider instances of anti-social behaviour when deciding whether to grant an injunction. This can include cases of nuisance or harassment, where an injunction may be necessary to prevent the behaviour from continuing.

Another factor the court may consider is the risk of someone leaving the jurisdiction. In some cases, an injunction may be necessary to prevent someone from leaving the country, for example, if there are concerns about child abduction or the person leaving to avoid prosecution.

Overall, the court will carefully consider all relevant factors before deciding whether to grant an injunction. By taking into account the specific circumstances of each case, the court can ensure that injunctions are used appropriately to provide legal protection and prevent harm.

Costs and Legal Aid