Injunctions are used in make different practices in the UK, and whilst this quick guide does not cover all aspects, it aims to give a rough guide to the steps that need to be taken. Please also note that I am not a lawyer, so please research your specific circumstances before taking action.
Before an injunction can be made, it is important to state the reason for the injunction and what can be done to stop the injunction from being granted in the first place. This is generally called a Letter before Action, which has a wide use, in effectively alerting the defendant to the fact that there is a perceived problem from the other party. This should state the problem, and give details of the solicitor that is to be used to deal with the case. The cost for this was around £100 in 2010, and will usually remove the need for any expense with regard to taking the matter to court, as it is usually complied with. If writing this yourself, it is important to remember that the letter should be to the point, but not so much that it is threatening, as this could lead yourself into serious trouble.
It is also usually necessary to take reasonable acton not to see that person, as the basis of whether or not an injunction may be made could be taken on the point of what reasonable steps, if any, have been carried out to prevent the matter reaching court. It’s inevitable that someone may be in the same shop as you at the same time after the letter before action has been sent, however if the person in question is everywhere, as if they are following you, then there could be a much greater problem.
If the latter of the above applies, it will then be necessary to take the legal route of an official judgement. Dependant on the circumstances, this may be made either in a civil or criminal court, for example with regard to children after divorce, this is usually carried out in the family courts as it is not a criminal matter, however if a person has been arrested for an offence similar to stalking, it may be a condition of any suspension of sentence or binding over-order to stay away from the person in question. It is always important to take legal advice on the subject before taking the matter further.
If an ex-partner is threatening to take a child out of the UK, a prohibitive steps order, similar to an injunction, may be relevant, dependent on circumstances. This would make it a criminal offence for the parent in question to leave the country with any child named in the order.
It is important to tailor the circumstances to your personal needs, and legal advice is often not an option in this area of law.