Injunctions

An injunction is an order of the Court requiring an individual or corporate body to perform or refrain from carrying out a particular act.

Often, injunctions have to be obtained urgently to provide the necessary protection to one party. In these situations it is not uncommon for the first hearing to take place without the other party being made aware of the application. However, in these situations he or she will be given an opportunity to be heard at a second court hearing to determine whether the injunction should continue.

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• Margaret Kelly
  
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In a family law context, the most common injunctions are:

1. A "freezing order", preventing assets being disposed of pending a financial settlement;

2. A personal injunction. Orders can be made to prevent physical harm, threats of violence, harassment and intimidation and to regulate who lives in the home and who leaves the property; and

3. Protection Orders to prevent a forced marriage or protect those in a forced marriage under the Forced Marriage (Civil Protection) Act 2007. These injunctions can require the person responsible to hand over passports, reveal the whereabouts of a person, cease violence against a person, or stop someone being taken abroad.

For further information, please contact Deborah Jeff on +44 (0) 20 7725 8041 or click here to email Deborah Jeff directly.