An injunction is a court order prohibiting someone from committing an act or acts that harms someone else. Injunctions are commonly to stop domestic violence, harassment, unfair dismissal, and the publication of information that will damage someone's reputation or compromise his safety. Injunctions can be granted by the High Court, magistrates' court or county court, depending on the nature of the injunction and where you live. Some county courts can hear cases on the High Court's behalf and injunctions related to domestic issues can be in either a county court or the Family Division of the High Court. Seek legal advice before applying for an injunction, to determine if you have a legitimate case, and get help with the application process.
- Skill level:
- Moderately Challenging
Things you need
- Application form
- Legal representation
Appoint a solicitor. Your solicitor will oversee the application process, represent you in court and advise you on how to present your evidence. Contact your local Citizens Advice Bureau for a list of solicitors in your area, or alternatively make an appointment with the Citizens Advice Bureau for help filling in the form.
Apply for an injunction. Your solicitor will usually get the application form for the injunction on your behalf and help you to complete it. Otherwise, contact the High Court division that serves your area and ask for an injunction application form. Get in touch with your local county court as well because some county councils are also allowed to hear High Court cases, known as District Registries of the High Court.
Provide an affidavit. This is a sworn statement made while in court. Explain why you want the injunction and give detailed information, including dates and times and independent evidence, such as police and medical reports. If, for example, you want an injunction to stop someone harming or harassing you, give precise information about the ways in which you have been physically and emotionally harmed and how this effects your health and well-being.
Tips and warnings
- Arrange to have a printed copy of the injunction handed to the person or company it is served upon. The injunction doesn't take effect until the antagonist receives it. Your solicitor will arrange this on your behalf.
- You do not have to pay anything towards your legal costs if you are on state benefits or receive a low income. Visit the Community Legal Services Funding website athttp://www.clsdirect.org.uk/ for more information about receiving financial assistance.
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