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Laws on Restraining Orders in the UK

Restraining orders are legal documents that inform a person of a legal restraint that has been placed on their actions regarding another person or situation. Restraining orders are a response to the breaking of an injunction, which is a preliminary document. In the UK though, just breaking the injunction might be enough for criminal charges to be levied.

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The first step of the restraining order process is to get an injunction. An injunction is a legal document that specifies what behaviour another person in a given situation can and can't do. For instance, a non-molestation injunction states that a person cannot act in a threatening or intimidating manner towards the holder. It also states that any harassment must cease. An occupation injunction states who can be in a certain home, and it's often given out in situations in which a couple is dealing with domestic abuse issues.

Breaking Injunctions

In order for the court to take out a restraining order, a previously put in place injunction must be broken, or a crime must be committed. For instance, if a person got a non-molestation injunction against his ex-significant other, and she broke that injunction by threatening him or his children, a restraining order may be taken out against her. In a different scenario, the ex-girlfriend might assault her former significant other with a deadly weapon such as a knife or gun, which is a crime. Once this crime is reported and logged, the court can issue a restraining order. In the UK, breaking an injunction is considered to be a criminal offence as well.

Restraining Orders

In a restraining order, the sort of behaviour that an injunction warns people not to participate in is made even more stringent, and a restraining order often states how many yards the restrained person must stay away from the person who got the order. Violating a restraining order is also considered to be a criminal offence, and any crimes that you commit while violating the restraining order are given even more damning circumstances, and are viewed through the worst possible legal lens.

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About the Author

Neal Litherland is an author, blogger and occasional ghostwriter. His experience includes comics, role playing games and a variety of other projects as well. He holds a bachelor's degree in criminal justice from Indiana University, and resides in Northwest Indiana.

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