Injunctions during divorce

An injunction is a court order preventing a named person from doing any act addressed by the order.

Typically this is to protect against the use or threat of unlawful violence, intimidation, or harassment, but it can also extend to the use, regulation, and occupation of a property.

Usually in family law, people seek to obtain injunction orders against their respective spouse or partner.

The importance of such orders, which can in some circumstances crucially be obtained in the first instance even without giving notice to the alleged perpetrator of abuse, is that the order offers the protection of an automatic power of arrest and is effective from the time that the alleged perpetrator of abuse is personally served with the order.

This means that any act done by the person named in the order makes them liable to be arrested for breach of that order and could be sent to prison, depending on the severity of the breach for a period not exceeding 5 years.

Family solicitors almost invariably offer their assistance to their clients in obtaining injunctions against their family members.

It has become increasingly common to obtain an injunction. The UK government is ever expanding the scope of what is considered to be abusive behavior by widening the ambit of abuse to financial abuse in addition to the already existing categories of physical emotional and verbal abuse.

We strongly believe in the old phrase that justice must be blind to be fair. We believe that any victim of abuse deserves to be protected by the law.

What makes us perhaps different to all those solicitors who offer assistance in injunction work is the speed with which we are able to obtain injunctions for our clients. We work to ensure applications for injunctions are made in a timely manner so that protection is offered in meritorious cases without hesitation or delay.