my brother in law is looking to get an injunction order overturned because his ex partner is useing it just to get him locked up for no reason and he has got evadence to prove it
2006-10-03 12:57:00 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your brother-in-law needs to apply to the court to have the injunction lifted. He will need evidence to show that the injunction was either malicious or there is evidence to show that it is not required. You do not require a point of law as there is no need to appeal the original decision and NO, it will not end up in the court of appeal. This would only be done if someone erred on a point of law.
Consult a solicitor.
Good luck.
2006-10-04 00:17:22 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
It's a court order. And like any court order is subject to appeal, if the appeal is made soon enough. However, an appeal only challenges questions of law -- it doesn't allow for new evidence.
Also, an injunction cannot get someone locked up. It's a civil order, mandating or prohibiting a certain type of action. Absent criminal contempt for violating the court order, there is no possibility of being imprisoned as a result of an injunction.
If he wants to challenge the injunction, and appeal is not an option, then he needs to file a new lawsuit to get the previous order stricken. This is a complicated procedural battle, and one that should be handled by an attorney.
2006-10-03 13:00:13 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
i'm no longer too effective approximately this. inspite of worldwide or perhaps state validity, how have they afforded to take out this injunction? in the event that they have used funds from Liverpool then RBS holds declare to any funds taken out and that they could extremely cancel the injunction. They took it out sort of around 4pm Texas time, inspite of the incontrovertible fact that it could have been 9-10pm right here in Britain, long after Royal financial enterprise of Scotland had closed for the night. i might wait until the following day morning for the RBS's reaction.
2016-12-12 20:01:44 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You should engage a lawyer,- if need be on Legal Aid, and, if the evidence is considered to be truthful and safe, you will certainly have good cause to bring the matter before the Court for the matter to be reviewed. There is no fear of the person being just locked up for 'no' good reason.
2006-10-03 13:16:22 · answer #4 · answered by Whistler R 5 · 0⤊ 0⤋
go to a lawyer and take the case back in to court the judge will always have a final decision to any court orders made
2006-10-03 12:59:38 · answer #5 · answered by a1ways_de1_lorri_2004 4 · 0⤊ 0⤋
speak to a solicitor, that way the advice you get is official and most importantly correct. it will probably end up in a court of appeal where your brother in law will have his chance to speak and give his evidence.
good luck.
2006-10-03 17:21:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He needs to hire a lawyer
2006-10-03 12:59:28 · answer #7 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋
He gets his day in court! Or he should file for a hearing!
2006-10-03 12:59:01 · answer #8 · answered by cantcu 7 · 0⤊ 0⤋
Would'nt think he get locked up for NO reason... try
praying......
2006-10-03 13:10:38 · answer #9 · answered by landgirl60 4 · 0⤊ 0⤋
Molatov Cocktail
2006-10-03 12:59:52 · answer #10 · answered by OG Don Diego 2 · 0⤊ 1⤋