If you or someone you care about is in immediate danger due to violence or threats, an emergency injunction can provide fast and effective protection. At Canko Law Firm, we specialize in guiding clients through legal processes to ensure their safety, though we do not handle legal aid cases.
This article will explain how to obtain an emergency injunction, what situations qualify, and what to do if you need urgent protection.
What Is an Emergency Injunction?
An emergency injunction is a court order that protects you from harm when you’re facing serious and immediate danger. These orders are often used in cases of domestic violence, harassment, or threats. They can prevent someone from contacting you, coming near your home, or behaving in a harmful way.
Common examples of emergency injunctions include:
Non-Molestation Orders: Protecting victims of domestic violence from threats, harassment, or abuse.
Occupation Orders: Deciding who can stay in or return to a shared home.
Prohibited Steps Orders: Preventing certain actions, such as taking a child abroad without permission.
Breaking an injunction is a serious matter and can lead to criminal charges. This makes emergency injunctions a strong tool for immediate safety.
How to Obtain an Emergency Injunction
1. Understand Your Situation
If you’re experiencing domestic violence, harassment, or threats, you may need an emergency injunction to protect yourself or your children. These situations require urgent action.
2. Seek Legal Advice
It’s important to get legal advice before making an injunction application. A solicitor can guide you through the process, help you prepare evidence, and ensure your case is presented clearly to the court.
At Canko Law Firm, we provide expert advice and representation to help clients obtain emergency injunctions.
3. Apply to the Court
To apply, you will need to complete an injunction application and provide evidence of the danger you’re facing. Evidence may include:
Police reports
Witness statements
Medical records
Photos or videos of injuries or property damage
If your situation is urgent, you can request a "without notice" hearing, where the other party is not informed of the application. This ensures your safety while the court considers your case.
4. Court Hearing
The court will review your evidence and decide whether to issue the emergency injunction. In very urgent cases, this can happen within a day.
Emergency injunctions can be issued by family courts, county courts, or even the High Court in more serious cases.
Do You Qualify for Legal Aid?
Legal aid is financial help provided by the government for people who can’t afford legal costs. To qualify for legal aid, you must meet certain criteria, such as having a low income and showing evidence of harm or risk, like police reports or medical records.
At Canko Law Firm, we do not handle legal aid cases. However, we are here to assist clients who can privately fund their legal needs with expert guidance and tailored support.
What Happens After You Obtain an Emergency Injunction?
Once the court grants the injunction, the person it’s issued against (called the "respondent") must follow the rules set by the court. For example, they may be ordered to:
Stay away from you and your home.
Stop contacting you, either directly or indirectly.
Leave a shared residence if an Occupation Order is issued.
If they break the court order, they may face criminal charges. This could result in arrest, fines, or even imprisonment.
Emergency injunctions are usually temporary and last until a full court hearing, where the court decides whether to extend or adjust the order.
Why Emergency Injunctions Are Important
Emergency injunctions are a vital tool for protecting individuals and families from harm. They are especially crucial in cases of domestic violence, where delays could put lives at risk.
By applying quickly and with the right legal advice, you can ensure your safety and take the first steps toward a more secure future.
FAQs About Emergency Injunctions
1. Can I apply for an injunction without a solicitor?
Yes, you can apply directly to the court, but working with a solicitor makes the process smoother and increases your chances of success.
2. How quickly can I get an emergency injunction?
In urgent cases, you can obtain an emergency injunction within 24 hours.
3. What happens if the respondent breaks the injunction?
If they break the court order, they may be arrested and face criminal charges. This can result in fines, community service, or imprisonment.
Why Choose Canko Law Firm?
At Canko Law Firm, we have extensive experience in handling urgent legal matters, including emergency injunctions. While we don’t offer legal aid services, we provide expert advice and representation to ensure our clients get the protection they need.
Our team understands how stressful and frightening these situations can be, and we are here to guide you through the process with compassion and professionalism.
Take Action Now
If you or someone you know is in danger, don’t wait to seek help. An emergency injunction can provide the legal protection you need to feel safe again. Contact Canko Law Firm today for expert advice and assistance with your injunction application.
Your safety is our priority, and we’re here to help every step of the way.
