Injunctions Solicitors in London

Injunction orders

Many people are either afraid to pick up the phone to speak to injunction solicitors because they are worried about the cost or their partner’s reaction to the injunction application. That is understandable but it is best to get early injunction legal advice so you have a clear idea about:

• Whether an injunction order is the best legal solution for you. There are alternatives to getting an injunction such as sending a warning letter from a family law solicitor before deciding if you still need to apply for injunction relief, agree to undertakings or take self-help action. It is sensible to take legal advice before making any decisions as, for example, it may not be in your best interests to move money if you are worried your spouse may transfer the funds from their internet account or decide to leave the family home with the children and move into rented accommodation
• The costs involved in applying for an injunction. The costs of an injunction application will depend on the type of order you need. For example, you may need a non-molestation order or a Section 37 freezing order. You may be able to secure a cost order that requires the respondent to the injunction application to repay all or a proportion of your legal costs
• How long it takes to get an injunction. If your injunction application is urgent, because it involves the welfare of a child, domestic violence or if there is an immediate threat of money or property being disposed of, then the court can act quickly and make an injunction on the day of the court application. There may need to be a second court hearing when the respondent is present
• The steps you will need to take to secure an injunction. The steps to secure an injunction depend on the type of injunction application you are making. For example, your family law solicitor may need to prepare a statement for you to sign and you may need to attend one or two injunction hearings
• What happens after you have an injunction order. What happens after an injunction is made depends on the type of court order and your circumstances. For example, if you get a domestic abuse injunction (called an occupation order) saying that you can stay in the family home the occupation order will not allow you to stay at the family home forever and it will not change the legal ownership of the family home. The occupation order is designed to protect you until long term decisions are made by agreement or by the family court making a financial court order. In the financial settlement proceedings, the family court judge could order the sale or transfer of the family home. You may also need advice about applying to court to enforce the injunction you have secured
•  Injunctions and reaching childcare and financial settlements. Many people fear that if they apply for an injunction, it will make it harder to reach an agreement with their former partner or spouse over the arrangements for their children, property claims or financial settlement. The first and foremost consideration when applying for an injunction is whether you and your family need the protection of a court order. Experienced family law solicitors can help you reach an agreement with your former partner over your children or property after an injunction has been made. If an agreement cannot be reached, our family law solicitors can advise you on court proceedings to ensure that you secure the right childcare arrangements and financial settlement that best meet the needs of you and your family

Types of injunction order

There are several types of injunctions to stop a former partner, husband or wife from taking a step or ordering a step to be taken. Types of injunctions and orders include:

• Preventing the removal of a child from one parent’s care. This type of injunction or court order can be made if there is a genuine fear that a child could be abducted by a parent and taken overseas without the other parent’s agreement or a court order permitting the parent to take the child abroad
• Non-molestation order. This type of domestic abuse injunction order states that a person must not molest, harass, assault or interfere with an ex-partner or spouse
• Occupation order. An occupation order requires one partner or spouse to leave a family home (or not enter all or part of the family home) until the family court decides what should happen on a long term basis with the property
• Financial freezing order. A freezing order is also known as a Section 37 Matrimonial Cause Act injunction. To secure a Section 37 freezing order, a husband or wife must be able to show that their husband or wife intends to take money to defeat their spouse’s financial claim. For example, selling a family home at an undervalue to another family member or selling investments and transferring the money overseas. The order will last until discharged by the court or until the court makes a financial court order dividing the family assets

Whatever the nature of your family law injunction inquiry our injunction solicitors in London can help you.

Injunctions Frequently Asked Questions

What happens when you get an injunction on someone?

When you get a court injunction on someone it needs to be served on the respondent to the application for the court order to be enforceable. Once the order has been served you can apply to the court to enforce the injunction if the respondent breaches the order.

What evidence do you need for an injunction?

The evidence you need for an injunction depends on whether you need to get an injunction on your child’s father, an injunction order on property, a parental injunction or if you are getting an injunction against a family member. Our injunction solicitors in London will talk to you about why you need an order to protect you or your children, how injunction law applies to your circumstances and the best evidence in support of your court application.

Can an injunction expire?

An injunction can expire because the court can either time limit the order or a subsequent court order can override it. For example, an occupation order may give you the right to stay in the family home and exclude your spouse but in financial settlement court proceedings the court could make a financial court order that includes an order that the family home is sold and you get a share of the equity.

Can you get a permanent injunction?

The court will occasionally make a permanent injunction but most orders are time-limited. The person who is prevented or prohibited from doing an act can apply to the court to end an injunction. You can object to the injunction ending.

How long does an injunction take to get?

When you apply for an injunction your injunction solicitors will advise on whether the court will treat your application as urgent. For example, if you are at risk of domestic abuse or you are applying for an injunction to stop your children from being taken overseas, the court can make the order on the day of your application without notice to the respondent. The court will then list your application for a second hearing to allow the respondent to object to the order continuing in place.

How much do injunctions cost in the UK?

Our injunction solicitors in London will talk to you about injunction costs as they will depend on the type of injunction order you need and the number of court hearings required to secure your order. You may be able to secure a costs order requiring the respondent to repay some or all of your injunction costs.

Get in touch with us today to see how our family law solicitors can help you.

For domestic abuse injunction advice, you can talk to us in confidence at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our injunction solicitors.