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Exclusion Order
"I need an exclusion order to prevent a former business partner from accessing our shared office space and using company resources, with immediate effect. The order should specify a £5,000 penalty for any breach and be enforceable for 12 months."
What is an Exclusion Order?
A Exclusion Order is a powerful court-issued directive that bans someone from entering specific places or areas. Courts in England and Wales commonly use these orders to protect people from harassment, domestic abuse, or anti-social behaviour by keeping potential offenders away from certain locations.
These orders carry serious legal weight - breaking one is a criminal offence that can lead to arrest and imprisonment. They're particularly useful in domestic violence cases, where they can keep abusers away from victims' homes, workplaces, or schools. Local authorities and police can also request them to tackle persistent anti-social behaviour in communities.
When should you use an Exclusion Order?
Seek an Exclusion Order when you need immediate legal protection to keep someone away from specific places. Common situations include protecting domestic abuse victims from their abusers, preventing stalkers from approaching workplaces or homes, or stopping persistent harassers from entering certain neighborhoods or business premises.
Local councils and police often request these orders to deal with serious anti-social behaviour, like when someone repeatedly threatens shop staff or causes trouble in public spaces. They're particularly effective when other measures have failed, or when there's clear evidence that someone poses a genuine risk to others' safety or well-being in specific locations.
What are the different types of Exclusion Order?
- General location bans: Stop someone from entering specific streets, buildings, or areas - often used for anti-social behaviour
- Domestic violence exclusions: Keep abusers away from victims' homes, workplaces, and schools
- Commercial premises orders: Ban disruptive individuals from shops, pubs, or business locations
- Community protection orders: Block troublemakers from entire neighbourhoods or public spaces
- Time-limited exclusions: Temporary bans during specific hours or events, like football matches or festivals
Who should typically use an Exclusion Order?
- Courts and Magistrates: Issue and enforce Exclusion Orders after reviewing evidence and hearing arguments
- Police Forces: Request orders, monitor compliance, and arrest those who breach them
- Local Authorities: Apply for orders to tackle anti-social behaviour and protect community spaces
- Legal Representatives: Help victims obtain orders and advise on enforcement
- Protected Persons: Individuals or businesses seeking protection from harassment or threats
- Excluded Persons: Those banned from specific locations, who face arrest if they breach the order
How do you write an Exclusion Order?
- Evidence Collection: Gather detailed documentation of incidents, witness statements, and any previous warnings or interventions
- Location Details: Map out exact addresses, boundaries, and areas to be covered by the order
- Risk Assessment: Document specific threats or behaviours that justify the exclusion
- Time Periods: Determine duration and any specific times the order should apply
- Protected Parties: List all individuals or premises requiring protection
- Enforcement Plan: Outline how breaches will be monitored and reported to authorities
- Court Application: Prepare supporting documents for the court hearing
What should be included in an Exclusion Order?
- Parties' Details: Full names and addresses of protected persons and excluded individuals
- Geographic Scope: Precise description of prohibited locations, including maps or boundaries
- Duration: Clear start and end dates of the exclusion period
- Prohibited Actions: Specific behaviours and activities that are banned
- Exceptions: Any permitted circumstances for entering excluded areas
- Enforcement Terms: Powers of arrest and consequences of breaching the order
- Service Details: How and when the order was served to the excluded person
- Court Authority: The legal basis and court details issuing the order
What's the difference between an Exclusion Order and a Cease and Desist Order?
While Exclusion Orders and Restraining Orders both aim to protect people from harm, they serve different purposes and have distinct applications in English law. Let's explore the key differences:
- Geographic Focus: Exclusion Orders specifically ban someone from entering defined locations, while Restraining Orders can cover a broader range of prohibited behaviours and interactions
- Scope of Protection: Exclusion Orders primarily deal with physical presence in specific places, whereas Restraining Orders can restrict all forms of contact, including phone calls, messages, and third-party communication
- Application Process: Exclusion Orders often arise from anti-social behaviour cases or local authority applications, while Restraining Orders typically stem from criminal proceedings or domestic violence cases
- Duration and Flexibility: Exclusion Orders are usually more targeted and time-specific, while Restraining Orders can be more comprehensive and long-term in nature
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