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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Breech of injunction order-what action can I take. I have

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Breech of injunction order-what action can I take.
I have an injunction order /anti-harassment order against the neighbour issued approximately 7 days ago. They have continued to breech it . I have reported this to the police who feel it is a civil matter. The order clearly states they might be sent to prison if they breech this order. I am unsure if this should be an application notice and a witness statement to the court to action this breech. Could you please advice fees and which forms and notice to issue for this breech
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is there a power of arrest attached to the injunction? It will say this specifically.
Customer: replied 2 years ago.

I am not sure if there is power of arrest attached to this order, it says if you do not comply with this order you may be held in contempt of court and imprisoned or fined or your assets seized(injunction order against the defendants, I am the claimant). sorry the computer shut down earlier, tel advice with fees would be appreciated it is still an option. My wife rang the police earlier and they initially said they did not think a visit was needed and recorded this as bad behaviour! (following an on line complaint) .

Expert:  Ash replied 2 years ago.
Yes. Sadly it does not, therefore the police are correct, it's a civil matter not criminal.
You need to apply to the court to commit to prison. You need to issue fresh proceedings and give evidence as to why the order has been breached etc.
It would be a £250 fee to issue the claim. It would need to be a formal application on form n1. (Not n244) and it's an affidavit rather than witness statement.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I have not issued an affidavit previously where can I find one. Thank you for your help again . (Do I need to apply for another injunction order or just the claim on n1)

Expert:  Ash replied 2 years ago.
You are not applying for an order, but an application to commit. The fee is £280 I am sorry.
It's not a new injunction but an application to commit. An affidavit is the same but you must swear it at court as being true.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

excellent thank you. I

Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.