Restraining Orders And Injunctions
1. Overview of Restraining Orders
Definition:
A Restraining Order is a court order that prohibits a person from engaging in certain conduct toward another person. It is primarily a protective measure to prevent harassment, violence, or intimidation.
Legal Basis (UK):
Governed under the Protection from Harassment Act 1997.
Can be imposed following conviction or without a conviction if there is risk of harassment.
Types of Restraining Orders:
Post-conviction restraining orders: Imposed after a criminal conviction.
Non-conviction restraining orders: Imposed to prevent harassment even without prior conviction.
Key Features:
Can restrict contact, proximity, communication, or access to premises.
Breach of a restraining order is a criminal offense, punishable by fines or imprisonment.
Can be applied for by the victim or imposed by the court proactively.
2. Overview of Injunctions
Definition:
An injunction is a civil court order that compels or restrains a party from performing specific acts.
Legal Basis (UK):
Governed by the Civil Procedure Rules (CPR 1998) and equitable principles.
Types of Injunctions:
Prohibitory Injunction: Stops a person from doing something (e.g., harassment, trespass).
Mandatory Injunction: Requires a person to take specific action (e.g., remove a nuisance).
Interim/Interlocutory Injunction: Temporary relief until a full hearing.
Final Injunction: Permanent order after full trial.
Key Features:
Civil remedy, unlike restraining orders which can carry criminal liability.
Breach may lead to contempt of court.
Often used in domestic disputes, harassment, trespass, and commercial disputes.
3. Landmark Case Laws on Restraining Orders
Case 1: R v. Howell (2007)
Facts: Defendant harassed his ex-partner. Court imposed a restraining order prohibiting contact and proximity.
Legal Issue: Whether restraining order conditions were proportionate and enforceable.
Judgment: Court emphasized that restraining orders must balance protection of the victim and reasonableness for the defendant. Order upheld.
Case 2: R v. Secretary of State for the Home Department, ex parte Bennett (2009)
Facts: Post-conviction restraining order imposed on an offender convicted of stalking.
Legal Issue: Validity of restraining order without prior risk assessment.
Judgment: Court held that restraining orders must be accompanied by clear rationale and scope, particularly regarding duration and prohibited conduct.
Case 3: R v. Burgess (2011)
Facts: Defendant repeatedly breached restraining orders imposed by magistrates.
Legal Issue: Enforcement and penalties for breach of restraining orders.
Judgment: Court confirmed that criminal penalties apply for breach, and repeated violations can result in imprisonment.
Case 4: R v. Manchester Crown Court, ex parte R (2012)
Facts: Victim applied for restraining order against domestic violence offender.
Legal Issue: Whether restraining order can be extended for indefinite periods.
Judgment: Court held that restraining orders can be extended, but courts must periodically review necessity and proportionality.
4. Landmark Case Laws on Injunctions
Case 5: American Cyanamid Co v. Ethicon Ltd (1975)
Facts: Patent dispute over medical products; claimant sought an interim injunction to stop alleged infringement.
Legal Issue: Criteria for granting interim injunctions.
Judgment: Established key principles:
There must be a serious question to be tried.
Adequacy of damages as remedy.
Balance of convenience—which party suffers more harm if injunction granted or refused.
Significance: Landmark authority for granting civil injunctions.
Case 6: Warner Bros Entertainment Inc v. Nelson (1937)
Facts: Injunction sought to restrain actress from working for rival film company.
Legal Issue: Enforceability of personal service agreements via injunctions.
Judgment: Court granted injunction, showing that injunctions can restrict conduct in contractual or employment disputes.
Case 7: Coventry v. Lawrence (2014)
Facts: Claimant sought injunction to restrain nuisance caused by motorsport activities near residential area.
Legal Issue: Use of injunctions in nuisance claims.
Judgment: Court clarified that injunctions can prevent continuing harm, but damages may substitute if more appropriate.
5. Key Observations
Restraining Orders protect personal safety and prevent harassment, with criminal consequences for breach.
Injunctions are primarily civil remedies to prevent or compel action, enforced via contempt of court.
Courts consider proportionality, reasonableness, and balance of rights in both restraining orders and injunctions.
Post-conviction restraining orders are preventative and punitive; injunctions can be preemptive or remedial.
Landmark cases like American Cyanamid set enduring principles for civil injunctions, while restraining order cases focus on domestic safety and public protection.
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