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An injunction is an order of the court requiring a party to do something (a mandatory injunction) or to stop doing something (a prohibitory injunction). If a person fails to comply with an injunction order this may constitute a contempt of court.
What does injunction include?
An injunction is a discretionary remedy, which is only granted by courts in exceptional circumstances. There are two main types of injunctions: prohibitory and mandatory. A prohibitory injunction prevents someone from doing something, whereas a mandatory injunction requires someone to do something.
How much does an injunction cost UK?
There's no fee when you apply, but you can choose to pay for legal advice to help you. Check if you can get legal aid, which can help to pay for legal advice. You can also get advice on applying for an injunction from a charity, for example Refuge, Women's Aid, Citizens Advice or the Men's Advice Line.
Why is an injunction needed?
The injunction is designed to provide more effective and appropriate relief than an ordinary common-law award of damages. In many circumstances applicants prefer to have an act prevented or performed rather than to receive compensation after the fact. There are two basic types of injunctions: mandatory and prohibitive.
Why do people get injunctions?
An injunction can include a power of arrest in cases where the perpetrator has used or threatened violence, or if there is a significant risk of harm to others. Breaching an injunction is not a criminal offence so perpetrators are not criminalised for low level, persistent anti-social behaviour.
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Although you can apply for an injunction yourself, you might find it helpful to have legal advice. It is best to get a solicitor who has a lot of experience with domestic abuse cases, and who is likely to understand all the issues.
How easy is it to get an injunction UK?
It typically takes a week or two to get an injunction, but you can apply for an injunction to be granted on the same day if you are at immediate risk of significant harm. If the court grants an injunction without notice, you will have to go back to court later for a hearing once the abuser has been given notice.
What are the requirements for an injunction?
(1) by consent, (2) in connection with charging orders and appointments of receivers, (3) in aid of execution of judgments. 1.3 In any other case any judge who has jurisdiction to conduct the trial of the action has the power to grant an injunction in that action.
How do I get an injunction against someone UK?
You can make an application for an injunction in the county court or in the High Court, but the county court is usually more appropriate. To apply for an injunction you will need to complete an application form N16A. This form is available from any court or to download from the Ministry of Justice website.
What is an injunction in Canada?
An injunction is a court order used to protect certain rights usually property rights. The order can be temporary or permanent. Temporary injunctions can be received on short notice. This is a main reason why they are used. It can take months or years for a normal court case to be heard in Ontario.
Related links
Complaint and Request for Injunction | United States Courts
About These Forms In General. This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are ...
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions ...
injunction | Wex | US Law | LII / Legal Information Institute
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions ...
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