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Patrick Mulcare
Director, Head of Family Law
01295 204153
pmulcare@se-law.co.uk

Injunctions - What, How and When?

by Patrick Mulcare | Aug 16, 2016 |
Injunctions

 

There may be times, either at the outset of a case or during the course of proceedings, when urgent action is required and it may be appropriate to apply to Court for an injunction.

Where there are domestic violence, abuse or harassment issues, it may be necessary to pursue a Non-Molestation Order requiring that behaviour to stop. That may be linked to an application for an Occupation Order requiring the party causing the problem to leave the family home. 

Within such Orders, certain conditions can be applied such as:

  • Restricting the party from being within a certain radius of the home or work place; or
  • Stating who should continue paying the bills during the period the Order is in place.

Within financial matters, injunctions may also be possible if:

  • It appears one party’s attempting to move an asset out of the other’s reach (e.g. transferring money abroad or into the account of a third party); or
  • Assets are being displaced and urgent action needs to be taken to prevent this.

Once the necessary paperwork is prepared, the matter should be addressed in Court very quickly, sometimes on the same day that the application is made.

Investigating the background to the situation and compiling the documentation usually involves a considerable amount of work to be carried out at short notice.  This necessarily effects the costs that need to be paid.

As time is often crucial within injunction applications, if you think you might need assistance of this nature, you should contact a specialist family solicitor immediately.

For more information on the issues raised in this article, please email Patrick Mulcare:  pmulcare@se-law.co.uk or Gemma Davison: gdavison@se-law.co.uk.  Alternatively, telephone our Family Law Department on 01295 204000.

*Disclaimer: While everything has been done to ensure the accuracy of the contents of this article, it is a general guide only. It is not comprehensive and does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.*

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