A Restraint Order is an order effectively freezing all the assets of an individual and can have worldwide effect. If you find yourself facing a restraint order, our team will work with you in a confidential manner to ensure your needs are taken care of.
A Restraint Order is an order effectively freezing all the assets of an individual and can have a devastating impact. Restraint Orders can be obtained pre-charge by enforcement agencies and before the prosecution has sufficient evidence to justify a charge or a prosecution.
Crucially Restraint Orders can be obtained without notice to the person affected, on application to a Crown Court Judge.
Our team of expert lawyers has many years' experience in discharging or varying Restraint Orders. To date the team has not failed in any challenge made to vary or discharge a Restraint Order, often on the basis that the prosecution had failed to fulfil its obligations when making the original application.
Some common questions about Restraint Orders:
What must the prosecution prove to obtain a Restraint Order?
The prosecution must establish that there is a real risk that the person under investigation will dissipate their assets if they are not restrained, and the judge must enquire as to that risk. However, in our experience Restraint Orders are often granted on little or no evidence at all.
What to do if a Restraint Order is granted against me?
It is open to a restrained individual to apply to a Crown Court judge to vary or discharge the Order on the basis that the prosecution has not established a real risk of dissipation. If that is not successful there is a further right of appeal to the Appeal Court.
How do I challenge a Restraint Order?
Howard Kennedy has a team of expert lawyers with many years' experience in discharging or varying Restraint Orders. To date the team has not failed in any challenge made to vary or discharge a Restraint Order, often on the basis that the prosecution had failed to fulfil its obligations when making the original application.
What to do if you are restrained?
Contact Ian Ryan on 0203 755 5691 or ian.ryan@howardkennedy.com for a confidential discussion as to your options.
