What is the purpose of an injunction?
The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages).
What is an example of an injunction?
Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.
How do you get a court injunction?
An application for an injunction can be made once Court proceedings have begun. Alternatively, the Court can grant an injunction before the start of Court proceedings if the matter is urgent or if it necessary in the interests of justice.
When can an injunction be refused by the court?
Injunction not be granted to a person who comes to court with malafide intention or in aid of injustice. 18. Dispute between parties related to payment of specified amount court would take into account comparative inconvenience or mischief which is likely to be result from granting or refusing the same.
How are injunctions granted?
Is an injunction a criminal record?
And while breach of the injunction is not a criminal offence, it can carry an unlimited fine or up to two years in prison for an adult. Applicants for civil injunctions can include local councils and can now be used for under 18s. The Civil injunction is likely to be the most popular tool for housing organisations.
How long does an injunction last for?
Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.
How do you put an injunction on someone?
To apply for an injunction you need to fill in a form and write a supporting statement. Your application needs to be made at your local family court, quite quickly following the last incident of abuse, so that you are protected as soon as possible.