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Injunctions against harassment can be granted by the criminal courts in relation to almost any criminal conviction and by the civil courts in connection with divorce proceedings and other civil legal actions.
The most common of these types of injunctions are restraining orders, which require a party to refrain from doing certain acts. Breaching a restraining order can result in an immediate remand in custody, a prison sentence and a criminal record.
Breaches of court orders such as injunctions are generally regarded as being strict liability offences, meaning there is no excuse or defence and no criminal intent by the defendant is required in order to be found guilty. The consequences of breaching a restraining order then, are very serious, yet many criminal lawyers fail to acknowledge them as such especially in cases involving the use of the internet.
The language used when drafting a restraining order is also very important. An order could inadvertently be drafted to give too much or too little scope, or not enough precision in scope, making it more likely for a breach to occur.
If you have been served with a restraining order in relation to your online activities and you are not sure about its full meaning, we would recommend you either call us and speak to one of our experts, or seek internet law and/or criminal law advice from a law firm that deals with these sorts of matters regularly.
When you contact us about your concerns in connection with internet use and injunctions, you will be easily able to convey complicated technical issues to us. We have years of experience in the field and we are familiar with technical ‘jargon’. We will review the restraining order, (and your entire case paper if need be) and we will advise you of its full meaning and identify any flaws that might enable you to either challenge the order, or have it quashed should you already be facing court proceedings for breach.