The Legal Process of Obtaining an Injunction

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If you need to obtain an injunction, it's important to understand the legal process involved. This guide will walk you through the steps, from filing the initial paperwork to attending court hearings, so you can navigate the system with confidence.

Determine if an injunction is the right legal remedy.

Before beginning the legal process of obtaining an injunction, it's important to determine if it's the right legal remedy for your situation. Injunctions are typically used where there is great urgency to prevent some form of harm to property or financial interests. As a remedy they are often used where damages would be inadequate, where you have a strong case and the balance of convenience favours you. If you believe that someone is causing harm to you or your property, an injunction may be appropriate. However, it's important to consult with a lawyer to determine if an injunction is the best course of action for your specific situation.

Seek an injunction from the Court

The first step in obtaining an injunction is to seek one from the court after appropriate understakings have been sought (and not given). This typically involves filing a summons with the court that has jurisdiction over the matter. The court documents should include the summons and an affidavit in support. It's important to provide as much evidence as possible to support your case, including affidavit evidence, photographs, and any other relevant documentation (if possible). Once the court documets are filed, the court will review it and determine whether to grant the injunction. Orders are usually subject to a requirement that an undertaking be given as to damages and that appropriate filing fees are paid to the registry. 

Attend a hearing to present evidence and arguments.

After filing the petition or complaint, the next step in obtaining an injunction is to attend a hearing. This is an opportunity for you to present evidence and arguments to the court in support of your request for an injunction but often the Barrister will deal with this by reading your affidavit in support of the application. It's important to be well-prepared for the hearing, as the court will be looking for evidence that supports your case. You may also need to respond to questions from the judge or opposing counsel or be in a position to supplement your barrister's instructions. If the court grants the injunction, it will typically be in effect for a specified period of time, after which it may need to be renewed or extended. That allows the Court to bring the matter back and have a fully contested hearing if the other side wants to oppose your application. 

If successfull, obtain the orders

If the court grants your request for an injunction, you will receive a court order outlining the terms of the injunction by way of Short Minutes of Order. This order will typically include specific actions that the defendant must take or refrain from taking, as well as the duration of the injunction. It's important to carefully review the order and ensure that you understand all of its terms. If the defendant violates the terms of the injunction, you may need to take legal action to enforce the order or for contempt of court. 

Serve the orders on the other side

Once the court grants your request for an injunction, you will need to serve the orders on the other party often in accordance with instructions from the Court. This means providing them with a copy of the court order and informing them of the terms of the injunction. Depending on the jurisdiction, you may need to have the orders served by a professional process server or a law enforcement officer unless there is an order that service be in a particular manner. It's important to ensure that the orders are served correctly and in a timely manner to ensure that the injunction is effective.

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