An injunction is a powerful legal tool that can be used in all sorts of situations, from business disputes to personal matters. In this post, we’ll break down what injunctions are, the different types, how you can get one, and what happens if someone ignores it.
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What is an injunction and how does it work?
An injunction is a court order that either stops someone from doing something (like trespassing on your property) or forces them to take action (such as fixing the damage they’ve caused).
These orders can be used to protect both a person or assets from harm, often used in situations where compensation alone would not suffice to address the damage or prevent further harm.
Under an injunction, the court orders a person or body to either stop doing something (prohibitory injunction) or take a specific action (mandatory injunction).
Types of injunction orders
There are two main types of injunctions:
- Prohibitory Injunctions – These stop someone from doing something. For example, if your neighbour is about to build on your land without permission, you can ask the court to prevent them from starting the construction. This type of order helps keep things as they are and stops further problems.
- Mandatory Injunctions – These require someone to take action. For instance, if a builder leaves a job unfinished, the court can order them to complete the work. This type of injunction ensures that legal responsibilities are met.
Other types of injunctions include:
- Non-Molestation Orders – Another type of injunction designed to protect people from harassment, threats, or violence, often in cases of domestic abuse. This order prevents the person causing harm from contacting or approaching the victim. These orders are often limited to 6-12 months but can be extended if the court deems so.
- Occupation Orders – Used in domestic disputes, this order decides who can stay in a home. It can remove an abusive partner from the property or prevent them from returning, even if they are the legal owner or tenant. These orders are often granted alongside non-molestation orders for added protection.
- Freezing Injunctions – These prevent someone from selling, transferring, or disposing of assets, usually in cases involving financial disputes. They are often used in divorce or business cases to stop one party from hiding or depleting assets before a legal decision is made.
Defying an injunction can have serious legal consequences. If someone fails to follow the order, they could face severe penalties, including fines or even imprisonment, for contempt of court.
Why might an injunction be needed?
An injunction order can be sought for several scenarios, such as:
- Harassment or violence – A court order can protect victims of domestic abuse or harassment by preventing the offender from making contact or coming near them.
- Intellectual property – Stops someone from using or copying trademarks, patents, or copyrighted material without permission.
- Freezing assets – Prevents a person from moving, spending, or hiding money before a financial dispute is resolved.
- Search order – Allows access to a property to search for and secure important evidence in a legal case.
- Housing – The court can prevent landlords from unlawfully evicting tenants or harassing them. Councils may also apply for orders against tenants to stop antisocial behaviour.
- Contract disputes – Prevent one party from breaking an agreement in a way that could cause serious harm to another.
How long does an injunction order last​?
An injunction can last for a specific period or until a particular event occurs, depending on the type issued and the circumstances of the case.
- Interim Injunctions are typically granted at the start of a legal action to prevent harm until the case is resolved. These are usually short-term, lasting only until a hearing can take place.
- Preliminary Injunctions are granted after a hearing and can remain in effect throughout the legal process, maintaining the status quo until a final decision is made.
- Permanent Injunctions are issued after the case is fully decided and can remain in place indefinitely unless the court changes its ruling or the parties reach a settlement that alters the terms.
- Specific Event-based Injunctions may only last until a particular condition is met. For example, an injunction preventing a construction project could remain in effect until a property dispute is resolved in court.
If your order is about to expire, you can request that the court extend it before the original expires. The application typically requires evidence demonstrating the need for the extension
When will the court grant an injunction?
When applying for an injunction, the court will first check if there’s a serious legal issue to address. You must show they have a valid case, meaning their claim is without merit. The court will also consider if the other party is threatening or has already harmed the rights in some way.
The court will then decide if it’s fair and reasonable to grant the injunction. This is not automatic – the court must consider factors like how the applicant has acted and whether they’ve delayed asking for the injunction.
They will also consider whether damages (money) would be enough to fix the problem. Since an injunction can have a big impact on the other party, the court may choose to award damages instead if that’s enough to resolve the situation.
In some cases, an injunction is the only way to fix things. This might happen if someone uses the intellectual property without permission, or if an employment contract is breached.
How do I get an injunction order?
The process of obtaining an injunction depends on your specific situation. In family law cases, for example, non-molestation orders can be granted to protect people from harassment or harm by a current or former partner.
If there is an immediate risk of harm, you may be able to apply for an emergency injunction, which can be issued quickly to provide urgent protection until a full hearing takes place.
Here’s how the process generally works:
1. Seek legal advice
It’s strongly recommended to consult a solicitor before applying for an injunction. They can assess your case, help gather evidence, and guide you through the legal process.
2. Gather evidence
Keep records of any incidents, messages, photos, or witness statements that support your case. The stronger your evidence, the more likely the court is to grant the order.
3. Submit an application
You’ll need to fill out the correct court forms, explaining why you need an injunction and what protection you are seeking. It’s crucial to complete these forms accurately to avoid delays.
4. Notify the other party
In most cases, the person you are applying against must be informed of the injunction request. This is usually done through formal court service, and they have the right to respond before a decision is made.
However, in urgent cases, the court may issue an order without notice, meaning the other party is informed only after it has been granted.
5. Attend a court hearing
The court may schedule a hearing to review your case. Be prepared to present your evidence and explain why the injunction is necessary. If you have legal representation, your solicitor will argue your case for you.
6. Receive the court’s decision
The judge will consider the evidence and arguments before deciding whether to grant the injunction. In some cases, a decision is made immediately; in others, the court may take additional time for deliberation.
If your situation is urgent, you may be able to get an interim injunction that provides immediate protection until a full hearing takes place.
Get expert legal advice from BGW Solicitors
In some cases, criminal law alone may not offer enough protection. We can advise on non-molestation orders, which prevent someone from harassing you, and occupation orders, which in exceptional cases can remove someone from your home. If you require urgent legal protection, please contact us to discuss your options.
If court proceedings become necessary, we provide strong legal representation while maintaining professionalism and courtesy towards all parties involved.
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