If you have been a victim of harassment and you wish to seek a legal remedy through the civil courts (as opposed to initiating criminal proceedings), you may wish to consider issuing an application to the court for a search order to enter premises under the Protection from Harassment Act 1997, which includes the power of arrest. This act allows victims of harassment to seek both civil and criminal remedies.
An injunction is a civil remedy which could be extremely beneficial to prevent an individual being further subjected to harassment. If the situation warrants, a final injunction could be sought in a county court to prevent an individual from behaving in a specific way. This article will provide a guide on injunctions and how one could be obtained.
Can I apply for an injunction or does the solicitor have to make an application on my behalf?
It is possible for an individual to apply for an injunction without the need for the assistance of a solicitor. Despite this, it can be a complicated legal process which can be made easier through legal assistance, including seeking legal aid. Making an application using your own initiative will require you to fill out the appropriate court forms, provide evidence of harassment and present your case in court.
Without a legal expert, undertaking such a task will be very time-consuming and demanding and a lack of the appropriate legal procedure could risk hindering your application.
Criteria
The harassment must meet the following criteria:
- It must be a course of conduct which amounts to harassment.
- The person must engage in conduct which causes you distress, fear or alarm.
- The conduct could include threats, stalking, unwanted communication or persistent actions.
Types of Injunctions
There are two types of injunctions that you can apply for in relation to harassment:
- Non-Molestation Order: This prevents someone from harassing, threatening or contacting you in any way. It is most commonly used in the context of domestic abuse.
- Injunction under the Protection from Harassment Act 1997: This can be used where harassment is not related to domestic violence but is more general in nature, for example stalking or bullying.
If an injunction is granted the person committing the act will have to stop the harassment or face legal consequences. If they do not refrain from committing such acts and the injunction is breached, the party at fault could be held in contempt of court. This can result in imprisonment, fines, confiscation of assets and other penalties depending upon the severity of the breach.
How long does an injunction last?
The duration of an injunction can vary depending on the specific circumstances of each case. Generally, a non-molestation order is typically granted for a fixed period, often ranging from six months to one year, but it can be extended if necessary. Similarly, an injunction under the Protection from Harassment Act may also have a specified duration; however, if the harassment persists or escalates, applicants can seek a longer-term solution through court review. It’s essential to note that both types of injunctions can be made permanent in certain situations.
Completing the Relevant Form
In order to obtain an injunction, the appropriate application forms will have to be completed during the court proceedings, and it is vital that this process is supported by an affidavit that includes all material facts. It is important to follow the correct procedural rules when making the application. This reinforces why it is advisable that a solicitor should be making the application on your behalf.
A Part 8 claim form (form N208) will be used to issue a claim for harassment. It will initially set out the details of the claim and of what you are asking the court to do, for example, make an order for an injunction.
The claim form must be accompanied by form N16A , which is the form for making an application for an injunction. This form must be completed appropriately.
Prepare Evidence
The application for an injunction must be supported by the relevant evidence. You will need to provide evidence that will showcase that harassment has taken place. This may include:
- A detailed account of the harassment (dates, times, descriptions).
- Any written or recorded evidence (texts, emails, social media messages).
- Witness statements, if anyone has seen or heard of the harassment.
Filing the Application
The completed forms and the supporting evidence will then have to be submitted to the relevant court. A court fee is payable for the application. The amount payable is dependent on the type of the application being made.
However, if you could be perceived to be of low income, the fee may be waived and you may be eligible for a fee exemption.
Filing the Application
Once the application has been filed, the court will review the documentation to ensure it meets all necessary requirements. If everything is in order, a hearing date will be set. It is crucial to prepare thoroughly for this hearing, as it will be the opportunity to present your case before a judge. Preparing for the Hearing: gather all supporting evidence and documents that solidify your claim. Organise your account clearly, highlighting key incidents of harassment. If applicable, arrange for witnesses to attend and provide their testimony. Practicing your presentation can also help alleviate anxiety and ensure clarity during proceedings.
The Hearing
It is imperative to be present at the hearing as it will enable you to put your case forward to the judge. If you are legally represented, your lawyer will help with this process.
Ultimately, at the end of the hearing, the High Court in England and Wales will either decide to grant or refuse the injunction in relation to matters involving Wales. If the injunction is granted, the court will outline the specific terms of the order. This can be, for example, prohibiting the respondent from contacting you or coming near your home.
What happens if the injunction is breached?
If the injunction is breached, it is crucial to take immediate legal advice and action. Document the breach meticulously, noting the date, time, and nature of the violation. Gather any evidence, such as messages or photos that further substantiate the breach. Next, you should report the incident to the police, providing them with all relevant details and evidence.
Breaching an injunction can lead to serious legal consequences for the respondent, including potential arrest and criminal charges. Additionally, you may want to return to court and seek further remedies. This could involve applying for a variation of the existing injunction or a new order entirely.
Types of conduct that can be prohibited by injunctions
Injunctions can address a range of harmful conduct, depending on the specifics of each case. Common types of behaviour that may be prohibited include:
- Harassment: This encompasses unwanted communication, stalking, or any actions intended to intimidate or distress the individual.
- Contact Restrictions: Injunctions can explicitly forbid the respondent from contacting you through various means—directly, via phone, email, or social media.
- Proximity Restrictions: The court may impose limits on how close the respondent can come to your residence, workplace, or other frequented areas, ensuring a safe distance is maintained.
- Property Damage: Injunctions can protect against any attempts to damage or interfere with your property, including threats or acts of vandalism.
- Disclosure of Personal Information: An injunction can prevent the respondent from sharing or disseminating personal information about you without consent, safeguarding your privacy.
- Online Harassment: Injunctions can specifically target harmful online behaviour, such as cyberbullying, impersonation, or the dissemination of false information that tarnishes your reputation.
- Threats of Violence: Courts can prohibit any threats made against you, including verbal or written declarations that suggest harm or violence.
- Intimidation in Public Spaces: An injunction may limit a respondent’s ability to engage in intimidating behaviour in public spaces where you might be present, ensuring your comfort and security while navigating daily life.
Conclusion
An application for an injunction can be a difficult and complicated process, especially for an individual who is not familiar with the legal structure behind the application. The best avenue for a victim of harassment will be to seek legal assistance to assure that the correct legal procedure is carried out to avoid hindering your application.
This article was completed by Sarabjit Roath, a work experience intern at Lawdit Solicitors.
FAQs
What is an injunction and how does it function in the legal system?
An injunction is a legal court order that compels an individual to do or refrain from doing a particular act or specific actions. In the legal system, it serves as a protective measure for individuals facing harassment or personal harm, providing immediate relief while the case is resolved, thereby preventing further injury or loss.
What are the different types of injunctions?
There are three main types of injunctions: temporary restraining orders, preliminary injunctions, and permanent injunctions. Temporary restraining orders provide immediate relief, preliminary injunctions maintain the status quo during litigation, and permanent injunctions offer lasting solutions once a case is resolved, ensuring compliance with court rulings.
