Privacy law
Emergency injunctions
- Details
- Hits: 4364
Emergency injunctions
An emergency injunction is a legal order that can be issued by a court in order to protect someone from imminent harm. This type of injunction is typically used in cases of blackmail, harassment and breach of privacy where there is a clear and present danger to the victim.
Blackmail emergency injunction
Online harassment emergency injunctions
Can I apply for an urgent injunction
How quickly can you get an emergency injunction
How long does an emergency injunction last
Can an urgent injunction be issued without notice
Legal advice on emergency injunctions
What is an interim injunction
An emergency injunction is a temporary injunction that may stay in force for a short period of time, usually between 2-4 weeks. It is typically used in cases where there is immediate and irreparable harm that would occur if the injunction were not granted.
The party seeking the injunction must show that there is a likelihood of success on the merits of their case, that they will suffer irreparable harm if the injunction is not granted, and that the balance of harms favours granting the injunction. If the emergency injunction is granted, it will typically be in force until a hearing can be held on a longer-term injunction.
At that hearing, the party who sought the emergency injunction will have to show that the harm they are experiencing is likely to continue if the injunction is not in place, that the balance of harms favours granting the injunction and that there is a likelihood of success on the merits of their case. If they are successful, the injunction will be continued until the case is decided. If you are in a situation where you believe you are in danger, you should contact a lawyer immediately to discuss your options.
Blackmail emergency injunction
A blackmail emergency injunction is a court order that can be obtained to stop someone from blackmailing you. If you have been the victim of blackmail, you can obtain an injunction to stop the blackmailer from contacting you or your family, or from publishing private information about you.
You can also file a police report and bring criminal charges against the blackmailer but many clients feel asking the police to handle the blackmail could be counterproductive because it could tip off the blackmailer that law enforcement is closing in. A civil emergency injunction is one way to try to stop the blackmailer without involving the police.
An emergency injunction is a court order that can be issued quickly, without notice to the person being restrained. It is generally used in situations where there is an immediate danger of harm, and it is not possible to wait for a full hearing. Once an emergency injunction is issued, it is effective immediately.
Online harassment emergency injunctions
Generally speaking, the court is reluctant to grant emergency harassment injunctions unless you give notice to the other party of your intention to apply for the emergency harassment injunction. In most cases, you will need to show a serious escalation in the harassing conduct by the harasser towards you, which will justify an emergency injunction application. If you are the victim of online harassment, you may be able to obtain an emergency injunction from the court.
This type of harassment injunction can help stop the harassment and prevent the perpetrator from engaging in further harassing behaviour. If you believe you are the victim of online harassment, you should contact an experienced lawyer to discuss your legal options.
Can I apply for an urgent injunction
Yes. You can apply for an urgent injunction in the following circumstances:
- If you’re facing a threat of violence or harassment (domestic violence or stalking injunction).
- If you’re being blackmailed.
- If there is an imminent threat that your sensitive private information will be posted to the internet or disclosed to unauthorised third parties.
How quickly can you get an emergency injunction
You can get an emergency injunction if you act quickly and file the proper paperwork with the court. We can apply for an emergency injunction for you within hours of your instructions. However, depending on the nature of your case, we will need some time to prepare your emergency injunction to make sure that your application for the emergency injunction is presented to the judge with the highest possible likelihood of success.
There is an emergency procedure that allows you to request that a judge hears your case for an emergency injunction outside normal working hours. These emergency hearings often take place over the phone if the hearing takes place very late at night or on weekends.
There is also a judge present in the High Court who is on duty after normal working hours and who will be hearing your application for your emergency injunction after the usual working hours of the court. However, we recommend that if you suspect that you might require an emergency injunction at one point in the future, you instruct us as soon as possible and ahead of the event that might warrant the grant of the emergency injunction so that we can prepare the case for you as thoroughly as possible.
How long does an emergency injunction last
An emergency injunction would typically last for between 1-2 weeks. If an emergency injunction is granted, there will always be a second hearing a week or two later so the court can decide whether the emergency injunction should stay in force after the respondent has had a chance to seek legal advice.
In some cases, the court may decide to extend the emergency injunction until trial or indefinitely if it is determined that the applicant is still in need of protection.
Can an urgent injunction be issued without notice
Yes. An urgent injunction can be issued without notice if the court finds that it is immediately necessary to protect against imminent, serious and irreparable harm. In such a case, the court will issue the injunction without giving the opposing party an opportunity to be heard.
This is because the court believes that the opposing party would not be able to adequately respond to the injunction if they were given notice. In some cases, the court will acknowledge that giving the other party notice of the urgent injunction could defeat the purpose of the emergency injunction being sought.
This is particularly true where there is a real risk that upon being notified of the application for the emergency injunction, the other person would carry out the very same acts that the proposed emergency injunction is seeking to prevent them from carrying out.
Legal advice on emergency injunctions
If you need legal advice on emergency injunctions, you should contact a specialist lawyer as soon as possible. Emergency injunctions are a type of legal order that can be issued by a court in order to protect someone from harm but if you or your lawyer go about applying for the emergency injunction in the wrong way, the consequences of being refused the emergency injunction could be extremely serious and painful for you.
There are many different types of emergency injunctions, and the specific legal requirements vary from jurisdiction to jurisdiction. Cohen Davis Solicitors are experienced in acting on behalf of applicants in urgent interim applications out of court hours, having particular expertise in relation to emergency interim privacy, breach of confidence, blackmail and harassment injunctions. You can read here a sample of the cases that our lawyers have been involved in concerning including emergency injunctions cases.
We understand that these types of applications can be extremely time-sensitive, and we are therefore dedicated to providing prompt and efficient service. We are always available to take your call and offer advice and assistance, no matter what time of day or night it is.
Are you a victim of online harassment? Time might be of the essence. Call us now for legal advice on +44 207 183 4123 or send a request and we will contact you as soon as possible.
