Emergency Injunctions: Urgent Protection When You Need It Most
When a family situation becomes urgent, waiting weeks or even days for a standard Court hearing may simply not be an option.
If you or your children are at immediate risk, or there is a serious concern that harm could occur before the Court can consider your case through the usual process, an emergency injunction may provide the protection you need.
At Preston Redman, we regularly help clients obtain urgent Court Orders in situations where immediate legal intervention is necessary. We understand that emergency situations can be frightening and overwhelming, and we provide clear, practical advice designed to protect you and your family as quickly as possible.
What is an emergency injunction?
An injunction is a Court Order requiring someone to do something or stop doing something.
In family law, emergency injunctions can be used to provide urgent protection where there is a significant risk of harm, abuse, harassment or other serious consequences if action is not taken immediately. Depending on your circumstances, an emergency injunction may:
- Prevent someone from contacting or approaching you.
- Protect you from harassment or abuse.
- Exclude someone from the family home.
- Prevent a child being removed from your care.
Emergency injunctions are intended to provide immediate protection while the Court considers the longer-term arrangements.
When might an emergency injunction be needed?
Every family situation is different. However, emergency applications are often made when there is an immediate risk that requires the Court to urgently act. Examples include:
- Domestic abuse or threats of violence.
- Harassment, stalking or intimidation.
- Concerns for a child's immediate safety.
- Threats to remove a child from the country.
- Attempts to prevent a parent from seeing a child.
- Situations where a person fears serious harm if urgent action is not taken.
The key issue is urgency. The Court will want to understand why immediate intervention is necessary and what harm could occur if there is a delay. This is why it is vital that you understand what the Court will consider when decide to grant, or not grant, an emergency injunction.
What types of emergency injunction are available?
Several different types of injunctions may be available depending on the circumstances. For example:
- Non-Molestation Orders. These Orders protect individuals from abuse, harassment, intimidation or threatening behaviour by a partner, former partner or family member.
- Occupation Orders. An Occupation Order regulates who can live in the family home. In urgent situations, the Court may Order one person to leave the property or prevent them from returning if this is necessary to protect another person or child.
- Emergency Applications Concerning Children. In some circumstances, urgent Court applications may be required to protect a child. This might involve preventing a child being removed from the country or addressing an immediate welfare concern
Can the court act without informing the other person?
Yes. In some emergency situations, the Court can make an Order without notifying the other party beforehand. This is known as a "without notice" application.
This simply means that the Court considers the application before the other person has been informed about it – i.e. the other person is not given notice of the application. This approach may be appropriate where:
- There is an immediate risk of harm.
- Giving advance warning could make the situation worse.
- There is a risk that evidence may be destroyed.
- A child may be removed before a hearing can take place.
If a without notice Order is made, the Court will usually arrange a further hearing shortly afterwards where both parties can attend and present their positions before a final decision is made.
What evidence will the court need?
Even in urgent situations, the Court will still require evidence explaining why the application is necessary. This may include:
- Written statements.
- Text messages or emails.
- Photographs.
- Police reports.
- Medical evidence.
- Witness evidence.
- Documents relating to children or living arrangements.
The evidence does not need to be perfect, particularly in an emergency, but it must give the Court a clear understanding of why urgent protection is required.
At Preston Redman, we help clients prepare applications that present their circumstances clearly and effectively.
How quickly can an emergency injunction be granted?
The exact timescale will depend on the circumstances and Court availability.
However, emergency injunctions are specifically designed for situations where delay could cause significant harm. Courts can often consider genuinely urgent applications very quickly and, in some circumstances, Orders can be made on the same day.
The sooner advice is obtained; the sooner protective measures can be considered.
Need help with an emergency injunction?
If you are facing an urgent family law situation and need immediate legal advice, call the helpful team at Preston Redman today on 01202 292 242. We can advise on emergency injunctions, protective Court Orders and urgent applications to help safeguard you, your children and your future.
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