Injunctions.



The important thing here to bear in mind is that injunctions aren't generally much fun for the participants. They are expensive; they seriously increase the hostility-stakes between the parties; and they require at least one court hearing at which evidence is heard by a judge. They may be unavoidable.

An injunction is a court order requiring a party to do something or to refrain from doing something (or both: for example, "LEAVE the house and DON'T come back").

The court can order your opponent not to assault or threaten you; it can order him/ her to leave the matrimonial home; it can order him/ her to produce documents relevant to the court proceedings; it can prevent him/ her from destroying or dissipating property. And if he/she has already given away money or property at an undervalue in order to thwart your financial claims, then the Court can make an order setting aside the transaction.

An injunction is a very heavy-duty item of legal hardware. If you breach a court injunction then you are at serious risk of being sent to prison. Not for the original misdemeanour which landed you with the injunction (you can be punished for that in separate criminal proceedings if what you did amounted to a crime), but for disobeying the court order: that constitutes contempt of court. This power to punish for disobedience of court order doesn't just apply to injunctions, by the way: disobedience of other orders (though not all orders) may also be a contempt of court. (Usually, the order will specify on its face whether it is.) And other things can constitute contempt - like being rude to the Judge or playing practical jokes on him/her. One thinks here of the case of the trainee solicitor who released laughing gas into the Court ventilation system. It happened. The Judge was unamused.

The court also has the power to fine you for breach of an injunction, but the usual sanction is imprisonment (or "committal" as it's known in the trade). If you are on the receiving end of an application for an injunction then you are in serious need of legal advice. If you are on the receiving end of an application to commit you to prison for breach of an injunction then you really need not only advice but also legal representation. Admittedly this means being seen in the company of a lawyer but swallow your pride; throw caution & your cheque book to the winds. Extreme measures are required. Legal aid should be available, even if you have been refused on merits for other parts of the case against you.

There is a limit to what can be achieved even with the Court on your side. The Court can't order your ex to be nice or reasonble. The Judge will not be enthusiastic about the court process being used as an extension of your domestic disagreements unless it's going to serve some genuinely necessary purpose (like the protection of one party or the children, or the preservation of family assets pending a final hearing in the case).

Many forms of injunction in family proceedings are temporary. They are frequently emergency sticking-plaster remedies designed to hold a legal line pending the full trial hearing of an issue. A bit of strategic thinking may be in order here, therefore. If you are at risk of harm at the hands of your ex if you remain under the same roof, and there is nowhere else to go; or if you believe there is a risk that he/she is going to withdraw the money in the joint account and blow it; then you may have no realistic or safe alternative to an emergency order from the court to restrain this.

The cost? Perhaps around £2,500 - £3,500 plus VAT; more if the injunction case is fully contested by your ex. If you win the case and the Judge agrees that it was reasonable for your to bring the case, then the court will frequently order that your opponent should pay your legal costs - but don't bank on it. (And even if you do get an order for legal costs in your favour, this may not be worth anything if your opponent doesn't have the means to pay). If the injunction case is settled - perhaps on the basis that the party against whom the allegations are made denies fault but nevertheless agrees to do what the party bringing the case wants - then the parties often end up paying their own legal costs.

If you know the house is going to be sold in any event and you have alternative accommodation available pending the conclusion of the legal proceedings; or if there are suffient assets locked-up in property or pensions or other joint assets which can't be readily realised by your ex, and which can be used to compensate you in the event that the joint savings are dissipated, then you may take the view that a temporary injunction will simply escalate the costs of the case disproportionately, and will not further your long-term case. It's hard to generalise here because so much is going to depend on the special circumstances of the case and the psychology of the people involved.

If you are a woman and think you or your children may be at risk of harm you may obtain free advice from the excellent Surrey Womens Aid organisation 01483 776822; or ring the 0808 2000 247 Freephone 24 Hour National Domestic Violence Helpline; or (for men as well as women at risk of violence) phone Woking Police Domestic Violence unit (01483 761991).


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