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Interdicts
An Interdict (or an injunction as it is know in England) is
an order of Court granted in favour of one party against another,
preventing that other party from committing an illegal act.
If that party then carries out the illegal act, regardless
of the existence of the interdict, he or she is in breach
of that Interdict and may be found to be in contempt of Court
and punished.
Interdicts
are frequently applied for by spouses or domestic partners
when a relationship has come to an end. Interdicts can be
granted for a variety of reasons in such cases. Often, they
are applied for to prevent one partner or spouse behaving
violently or aggressively towards the other, or to prevent
removal of children from the care of one partner. Applications
for Interdict need to be made to the Court. McCash & Hunter
will advise you fully. An Interdict is frequently applied
for as an emergency measure and therefore it is important
that you see a Solicitor as soon as you possibly can. Your
Solicitor can quickly make application to the Court for an
interim Interdict, which may be put in place pending the granting
of a final Interdict. If the parties are married, an order
known as a Power of Arrest may be attached to the Interdict
or interim Interdict. Generally, a Power of Arrest is not
available where the couple are not married.
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