By M C Dutton
What are Injunctions?
An injunction is simply an order from the courts that will tell a person what they can, and even more importantly, cannot do. The most common kind of injunction is a Domestic Violence Injunction. These are not dealt with in the same way are the injunctions that we are going to discuss here as they need a whole article to themselves!
Civil injunctions are extreme measures. They are one of the final options that will normally be a courts last resort. An injunction will not be granted on any but extreme circumstances. This is because an injunction can be granted without giving a notice to the person who it is regarding.
Different kinds of injunctions:
There are different kinds of injunctions. These are the most common orders:
Anti Harassment Injunction
This Injunction makes harassment a Criminal Offence. Normally harassment is only a civil offence but if it is a criminal offence then it is much easier for police to intervene, especially if the "power of arrest" is attached to the order.
This Injunction makes harassment a Criminal Offence. Normally harassment is only a civil offence but if it is a criminal offence then it is much easier for police to intervene, especially if the "power of arrest" is attached to the order.
This kind of injunction is used to help prevent harassment. Common cases involve neighbors, former partners, family members and the media. Harassment is defined as an action that causes alarm or distress. This also has to happen more than once to provide the opportunity for a warning to be given to the offender. If the case involves stalking, it must be shown there is a possibility of violence.
Common Law Injunction
This injunction is used to prevent trespass in someone's property. These applications are therefore sometimes known an "Assault and Trespass Injunction". If an application is granted then it will prevent someone from coming into your property without your permission, or causing damage to the property or anyone inside it.
Housing Injunctions
The Housing Act of 1996 gives local councils the power to make a Housing Injunction. This means that this injunction does not need to go through the courts and can be made easier than regular injunctions.
This injunction protects a landlord from harassment or damages that could be made by a tenant. The offending tenant could be sent to prison or arrested in extreme cases!
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