Criminal injunctions can be incredibly confusing, but they’re like legal shields used to protect communities from ongoing criminal threats. Think of them as special orders from the court that tell certain people to stop doing specific illegal activities. It’s not like regular criminal charges; it’s more about preventing harm before it happens.
In this article, we’re going to break down the mystery behind criminal injunctions. We’ll explore why they’re important for keeping our neighbourhoods safe, how they work, and why the legal system uses them in situations where regular charges might not be enough. By the end, you’ll have a clearer picture of these legal tools and how they play a big role in making sure our communities stay secure. If you have a current or pending matter that you believe you need some legal assistance with or urgently need a court order issued, contact Jameson Law today!
So.. what is an Injunction?
Imagine an injunction as a legal tool that tells people to either stop doing something or start doing something specific. It’s like a court-ordered “timeout” to prevent problems from getting worse while they’re being sorted out. They are court orders made generally by the federal circuit court about civil law or family law matters, but sometimes they can also relate to criminal law matters. They can be used to prevent further harassment, prevent someone from doing something determinate to you, or as the Australian Law Reform Commission points out, be used to protect someone’s identity. There are three main types of injunctions:
1. Interim Injunctions: These are temporary fixes. Courts use them to quickly stop or enforce something until the final decision is made. For instance, if someone is causing immediate harm, the court might step in right away with an interim injunction to put a stop to it.
2. Interlocutory injunction: These are also temporary but more specific. They happen in the middle of a legal case and help keep things fair or prevent more issues until everything is settled. Picture it as a pause button during a game – it gives the court time to figure out the best outcome.
3. Final Injunctions: These are more permanent decisions. They’re like the endgame move in a chess match. Once the court has made a final decision in a case, a final injunction might be issued, either telling someone to keep doing something or to knock it off for good. Injunctions, in all their forms, are about maintaining order and fairness in the legal world.
Now, let’s break down each of these injunctions in more in-depth.
Interim Injunctions
An interim injunction is a temporary court order, where the judge decides to grant an injunction during the legal affairs to maintain the status quo until a final decision is reached. It acts as a precautionary measure, preventing irreparable harm or injustice while the case is being heard. Interim injunctions are particularly useful when immediate action is necessary to preserve rights or prevent ongoing damage. What this means is that an interim injunction will be granted when another party wants a pending matter to be blocked right away, and it doesn’t make sense to let the other party know about it. This means that the injunction by the state or federal court would be granted on an ‘ex parte basis’ that is to say, without letting the other party know that the other is granted.
The action – it is important to remember, will only happen until a current or pending matter goes before the court and trial begins. Once that happens, a state or federal court may decide to change the ruling and the people who have had the interim injunction against them might fight the injunction sought after them using the commonwealth law protections that are afforded to them.
For example: imagine a scenario where two companies are in a legal dispute over intellectual property rights. If Company A believes that Company B is about to release a product that infringes on its patents, trademarks, or copyrights, Company A may seek an interim injunction. The court, recognizing the urgency of the situation, could issue an interim injunction to prevent Company B from launching the disputed product until the case is fully adjudicated. This not only safeguards Company A’s intellectual property rights but also maintains the current state of affairs until a thorough examination of the case can occur.
Interim injunctions play a crucial role in providing swift legal remedies, ensuring that parties involved in legal disputes are protected from potential harm or unfair actions while awaiting a final resolution in court.
Interlocutory Injunctions
An Interlocutory Injunction is a legal measure used to maintain the current situation and prevent one party from doing something harmful before a trial concludes. It’s like a temporary rule imposed by the court to stop any potential wrongdoing until the entire legal process is completed. These injunctions are commonly used to safeguard assets, such as ensuring money stays in a bank account or preventing the sale of property. They can also be used to stop the other party from engaging in harmful actions, like contacting clients or employees, or someone that was being harassed. They are a mandatory injunction issued by the court, and in family law matters or criminal law matters are something that always must be followed.
Think of an Interlocutory Injunction as a quick fix within a larger legal dispute. If the person requesting the injunction wins the overall case, this temporary measure might become permanent.
The main goal of an Interlocutory Injunction is to protect the person seeking it from suffering irreparable harm that can’t be compensated for with money if the other party continues their actions. It’s about fairness and ensuring that no one is unfairly disadvantaged while awaiting the final decision from the court. These injunctions act as a temporary shield, preserving the rights of the person seeking protection until the court reaches a final judgment.
Permanent injunction
A permanent injunction is an enduring court order, issued as part of the final judgment in a legal case, designed to permanently restrict or compel specific actions by one party. Unlike interim or interlocutory injunctions, which are temporary, a permanent injunction provides a lasting solution to legal disputes and is not subject to change unless modified through an appeal process.
The court’s ability to grant injunctions in family law or criminal law matters is an important part of the Australian legal system. This is because an injunction restraining a certain action can be the difference between ensuring justice or the violation of say, the Human Rights Act. These injunctions play a pivotal role in civil cases, serving as a conclusive remedy to prevent ongoing harm, enforce legal rights, or maintain established conditions.
A permanent injunction, once granted, becomes a steadfast component of the legal landscape, offering a sense of finality to the parties involved. It serves as a tool for the court to decisively address the underlying issues in a case, providing a clear and lasting resolution. Whether restraining an individual or entity from engaging in specific activities or mandating certain actions, permanent injunctions contribute to the stability and fairness of the legal system, ensuring that the rights and interests of the parties are upheld over the long term.
AVOs as a criminal Injunction
In New South Wales an Apprehended Violence Order (AVO) serves as a criminal law form of a criminal injunction, aiming to protect individuals from harm or harassment. AVOs are court orders that explicitly prohibit the defendant from engaging in certain actions, such as assault, molestation, harassment, intimidation, or stalking against the protected person for a specified duration.
Similar to a criminal injunction, AVOs can include additional orders, such as restrictions on contacting the protected person, maintaining a certain distance from their residence or workplace, and refraining from damaging their property. While AVOs carry significant legal weight, they do not result in a criminal record for the defendant.
Furthermore, the surrender of firearms is a notable aspect of AVOs, preventing the defendant from keeping any firearms or holding a firearms license for a specified period, typically 10 years after the AVO concludes. This restriction emphasizes the seriousness of the protection afforded by the AVO.
In the context of domestic relationships, an Apprehended Domestic Violence Order (ADVO) extends the protection nationally, with defendants required to comply with the order across Australia. Similarly, an Apprehended Personal Violence Order (APVO), designed for those not in a domestic relationship, can be registered in another state or territory to ensure continued protection if the protected person relocates. The registration of AVOs in different jurisdictions underlines the comprehensive nature of these orders and their impact beyond state boundaries.
As the Police Force of NSW points out, an AVO can be applied for by anyone if they have the victim of any harm or harassment, and comes into force as soon as it has been served to the defendant. Find out more about AVOs and their relation to family law matters here.
Breach of an Injunction
In New South Wales (NSW), breaching an injunction is a serious legal matter with significant consequences. An injunction is a court order that requires an individual to either do or refrain from doing a specific action. If someone violates the terms of an injunction in NSW, the court may take several steps to address the breach.
Contempt of Court: Breaching an injunction is often considered contempt of court. Contempt of court refers to any deliberate disobedience or disregard of the court’s orders. Courts take contempt very seriously, and penalties can include fines or imprisonment.
Enforcement Proceedings: The court may initiate enforcement proceedings against the individual who breached the injunction. This could involve imposing financial penalties, ordering the individual to compensate for any losses incurred by the other party, or taking possession of the assets involved.
Criminal Charges: In some cases, especially if the breach involves criminal activities, the individual may face criminal charges. For instance, if the injunction is related to a criminal matter and the breach involves further criminal conduct, the person may be prosecuted for those offences.
Modification of Injunction: If the breach is due to changed circumstances or if both parties agree, the court might consider modifying the terms of the injunction. However, this typically requires proper legal procedures and the court’s approval.
It’s crucial for individuals subject to injunctions in NSW to fully understand and comply with the ruling of the federal circuit court directives. Seeking advice from experts in the legal industry, such as those at Jameson Law, as well as sticking to the terms outlined in the injunction is essential to avoid severe legal consequences. Breaching an injunction can also lead to harsh penalties, including fines and imprisonment.
Courts that Grant an Injunction
In New South Wales (NSW), obtaining an injunction follows a structured legal process similar to that outlined by the Federal Circuit and Family Court of Australia (FCFC). While the FCFCA deals with a broad range of legal matters under Commonwealth law, including family law, bankruptcy, and intellectual property, the NSW courts handle a wide array of cases, including civil disputes, criminal matters, and administrative law issues.
To obtain an injunction in NSW, an originating application must be made to the appropriate court, depending on the nature of the case. For instance, civil disputes may be heard in the NSW District Court or Supreme Court, while criminal matters are typically dealt with in the Local Court or District Court.
Once the application is filed, the court considers the merits of the case and may grant the injunction if it determines that it is necessary to protect the rights of the claimant while awaiting a final decision. Injunctions in NSW can be sought at any stage of the legal proceedings, either as part of the initial application or during the trial, to prevent or compel certain actions by the parties involved.
Similar to the FCFCA, the NSW courts also have the power to discharge or vary the terms of an injunction if circumstances warrant it. This discretionary power allows the court to ensure that the injunction remains fair and effective throughout the legal affairs. Overall, the process of obtaining an injunction in NSW mirrors the principles outlined for the FCFCA, with the court playing a central role in granting or refusing the injunction based on the merits of the case.
