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Restraint orders; FAQs answered by our criminal solicitor
21 Jan 2022

Have you become entangled in an investigation into fraud, money laundering or drug trafficking?

If you have, you may be worried about what will happen next, especially if there is an upcoming trial and you are the head of an organization or company that has valuable assets.

In the UK, if you are under investigation for your part in such offences, you may find yourself on the receiving end of a restraint order. And no, this is not a piece of paper that tells you to stay away from someone!

At ABV Solicitors, our criminal solicitor can represent your legal interests if you are given a restraint order relating to alleged involvement in drug trafficking, money laundering or fraud, allowing you to get back to business as usual. Great!

In this article, our criminal solicitor breaks down what a restraint order is and how we can help you if you are issued with one. So enjoy!

What is a restraint order?

Different from a restraining order, a restraint order is a court order that has the power to freeze your assets when you are being investigated for your part in certain criminal activities.

This order prevents you from moving your assets from one account to another, withdrawing them or liquidating them, allowing your assets origins and accounts to be looked into in more depth.

They can be sought without notice and can cause your assets to be frozen for years, depending on the depth and severity of the investigation that is taking place. So, if you have found out that a restraint order has occurred with your assets and accounts, contact our criminal solicitor for advice right away!

What causes a restraint order to occur?

A restraint order is usually sought at the beginning of an investigation by Her Majesty’s Revenue and Customs (HMRC), the police, the Serious Fraud Office or any other law enforcement agencies. While you may have concerns that one of these orders will appear out of nowhere, there will usually be a build-up leading to one being placed on your accounts, which can take several months to implement.

And as these are typically placed at the beginning of an investigation, it allows you the time to contact our team to have them removed before there are any issues with your accounts and access to money.

How can one affect you?

A restraint order can be extremely stressful for an individual or company; as mentioned before, it can cause you to have problems accessing your money, which can lead to a backlog of financial issues if they are not handled correctly and challenged at the earliest opportunity.

Many people also see them as an invasion of their privacy and can lead to a myriad of secondary legal expenses.

Can you challenge it?

If you want to challenge a restraint order, contact our team at ABV Solicitors, we will apply to the court who issues the order to have it discharged or varied. But as mentioned before, aim to do this as soon as possible to prevent disruption.

If you would like more information about restraint orders, please contact our team at ABV Solicitors today.

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