Injunctions

An injunction is a remedy in the form of a court order, whereby someone is either required to do, or required to refrain from doing something. It was recognised by courts that in certain instances, the remedy of damages was not sufficient.

Examples of when injunctions can be sought include, but not limited to, noisy neighbours, someone harassing you or behaving in a threatening or violent manner towards you; you can even take out an injunction to stop vandalism or a dog persistently barking! Hogans specialise in injunctions relating to Family Law.

There are also injunctions in place to prevent someone publishing material about you against your will and to freeze your assets, so they cannot be damaged or removed. In Family Law, an injunction can stop someone taking your child abroad against your will.

As you can see, Injunctions cover a wide range of situations - not just specific to relationship breakdowns.

Before your application for injunction is submitted, we will compile a 'Letter Before Action' (LBA) on your behalf.

This letter is then sent directly to the offender from Injunction Direct or one of our lawyers, outlining which aspects of their behaviour you wish them to amend. This LBA outlines your intention to take further proceedings if the behaviour or actions of the offender do not cease.

If the behaviour persists then the LBA has not been successful, your application of injunction is compiled.

There are different types of injunctions available including:

• Non Molestation Orders (for ex partners/spouses)
  This order prevents any hassling, interfering or assault against you by the offender. The court would have to be satisfied that the alleged behaviour has occurred and then the court would consider whether an order is required to secure your health, safety and wellbeing or of any relevant child.
• Occupation Orders (for ex partners/spouses)
  This order decides short term who can live in the home once shared with the offender. It could require:
  • One party leaving the home
  • One party leaving part of the home
  • Or allow a party who has been evicted to enter and remain in the home
• Common Law Injunctions (if you have not lived with or been married to the offender)
  This order stops the offender from:
  • Harassing or assaulting you
  • Trespassing on your property
  • Coming within a certain distance of your home or place of work
  • No power of arrest is included with this injunction
• Anti Harassment Injunctions (for anybody)
  This prevents the offender from harassing or assaulting you. If breached the offender is arrestable and this can carry up to five years in prison. The harassment should have occurred on two separate occasions (even if months apart and of a different nature). The offender does not have to have physically hurt you.