Stage 1 – Application for Injunction / Letter Before Action

An injunction is an equitable 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!

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.

Stage 2 – Statement of Claim

Once your application for one of the above orders is completed, we then compile your ‘Statement of Claim’, which is a document outlining all of the evidence of the circumstances that bring you to require an injunction.

Depending on which option you choose, we will provide you with a 'Legal Opinion' of your individual case and all the necessary documentation and guidance required to complete your statement of claim online quickly, easily and with a minimum of stress and discomfort.

Stage 3 – Acknowledgement of Service

Once your Injunction Application and Statement of Claim have been completed and sent to your local County Court, it will be checked by the Courts and issued to the Defendant.

In legal proceedings, you are known as the Claimant and the offender is known as the Defendant.

Along with the Injunction documentation, the Defendant will also be sent instructions on how to complete the Acknowledgement of Service documentation, in response to the injunction application.

Once they have completed this simple document and returned it to the Court, your injunction application will then progress to Stage 4.

The Defendant has 14 days in which to complete this process.

Stage 4 – Additional Evidence

The Defendant's Acknowledgement of Service will be forwarded to you by the Courts, to enable you to have time to provide any additional evidence or arguments in response to the Defendant's defence.

You have 14 days in which to provide any further documentation or a written response.

Depending on which package you choose, we can complete all the necessary documentation you’ll need to respond to the Defendants Acknowledgement of Service.

All our documentation is written and approved by a team of highly qualified lawyers with a wealth of experience in this field. Our simple solutions will help you progress easily to the final stage of your Injunction...

Stage 5 – Obtaining your Injunction

Following submission of your application to the County Court, the Court will then declare your hearing date. During this hearing, the judge will assess and determine your individual case.

To initiate proceedings, simply choose one of the following 3 options:

Option 1 – We will provide you with all the documentation required to complete the application for your Injunction. The authors of our quick and easy-to-follow guides (all qualified lawyers) have helped thousands of clients with their Injunction applications.

Option 2 – We can complete your Injunction application for you. Simply provide us with all your relevant details via our simple online questionnaire and we’ll do the rest.

Option 3 – Our lawyers will complete your Injunction application for you. Simply complete our online questionnaire and rest assured in the knowledge that a highly qualified lawyer will do the rest.

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