It’s not every day that you’re presented with a restraining order. However, it’s not unusual for it to occur. To battle this restraining order, you’ll need a specialist fraud solicitor’s experience and guidance to vary or discharge the order being put in place.
Many think of a restraining order being used in the case of blocking an individual from making contact or being near another person. However, when it comes to restraining orders in the case of fraud, their use is to prevent any assets from being used, which may be connected to a crime.
In this guide, we’ll take a look at restraining orders, why they’re given and how a fraud solicitor can help when these restraining orders are actioned against you or your company.
A restraining order or a restraint order is a court order that’s actioned to effectively ‘freeze’ assets to prevent their disposal, often used in fraud or serious crime investigations.
In the case of fraud, a restraining order prevents assets connected to alleged criminal activity from being transferred, moved or hidden.
Law enforcement agencies like HMRC or the police can apply for these orders during an investigation, even before any charges are brought against the individual(s). It can apply to all assets that are held by a suspected offender. These assets usually include:
As such, a restraint order can be very damaging when it comes to needing financial assets to fight against any accusations or charges that are brought against you.
Restraining orders will be given in cases where such assets might be used in order to evade justice. It prevents criminals from being able to use or hide the assets that have been acquired through criminal activity.
As a result, it ensures the funds are then available for confiscation or to divvy out as compensation to victims after a conviction has been made.
These orders do not prevent contact with the individuals but will freeze financial assets. So how does it work? Here’s how a restraint order is carried out:
A court will issue the restraint order; sometimes it’s given with notice to the individual, and sometimes it isn’t. If there are reasonable grounds to suspect that funds will be disposed of or before a trial, the court order will be issued.
The order will freeze the assets, which prevents payments from bank accounts from being made, or a property/propertiesfrom being sold. The same goes for any other financial assets, like investments, for example, being cashed in.
Ultimately, the individual subject to the order will be prohibited from dealing with their assets without court permission.
A fraud solicitor can be a great help for those who have been given restraint orders. By providing specialist advice to vary, challenge or discharge the order, it’s a crucial way to help protect your assets and ensure that they’re available for living expenses and legal costs when fighting a case of fraud.
What can a fraud solicitor do when helping with restraining orders?
A solicitor may be able to apply to the court to challenge the order that’s been issued. This can be to vary (modify) the order or discharge it, which would be to remove it completely. Both would be beneficial for the individual in question, the order relates to.
With a fraud solicitor in place, they can help to negotiate your living expenses with the court. They can negotiate or apply to the court to increase the allowance you receive for living and legal expenses. Despite the asset freeze, you should be able to get access to the necessary funds required.
Solicitors can assist with restraint orders that often come with a wealth of paperwork, all needing management and analysis. That way, they can help you build a strong defence as a result.
Of course, having a fraud solicitor helping you with a restraint order can also help represent you in court, to challenge the order or negotiate the terms in place.
Having solicitors to help you with restraining orders can be useful for providing the expert legal advice that you might be missing. They can help prepare the statement of assets that you need to supply and offer early intervention before any criminal charges are brought against you.
ABV solicitors are well-knowledged when it comes to challenging restraint orders. Navigating the complexities of the law is important to take advantage of, so it’s good to have access to an experienced solicitor. Those who know the intricacies of the rules surrounding restraint orders in particular.
We can also help to minimise the impact that’s caused by a restraint order and to fight your corner when it comes to your defence. Having someone in your corner who can support you in such a distressing time is certainly appreciated.
As well as protecting your interests, ABV solicitors can also help you to avoid contempt of court. This often happens when the individual in question fails to comply with a restraint order. Those restraint order breaches can result in severe penalties, including prison time.
Accessing legal aid is definitely something you want to have when it comes to restraint orders, and ABV solicitors can certainly help you to challenge any restraint order you’ve been presented with.
With ABV solicitors, we have the expertise and guidance you will need to help navigate a restraint order. If you’ve been presented with a restraining order, whether you had prior knowledge of it coming about or not, let us help you challenge it.
Get in touch today with ABV solicitors and get the legal help you need, sooner rather than later. Your assets are important to protect and minimise the damage that can come as a result of not having access to them.
Everything You Need To Know When Accused Of Crypto Fraud
Going Through Immigration Accusations and Understanding Fraudulent Practices
03445879996
EMAIL US