Restraint Order and assets

[Me1960]

Hello I’m seeking advice/clarification for a friend. They are currently awaiting a court case regarding Fraud and Kindred Offences and they have received a Restraint Order prohibiting them from having dealings regarding their asset: their home. What does this mean in layman’s terms please? And can their house be used to pay back any fine or money deemed to be owed by them at the end of the court case? Thank you

[atticus]

It means that you cannot sell your home or charge/mortgage it. It sounds like this is a freezing order. You should get legal advice.

[Me1960]

thank you for your reply, my friends are finding it had getting legal advice due to costs and don’t qualify for legal aid as they’re just over the limit. Both their names are listed in the deeds to the house which they own outright, if one of them is found guilty to fraud can the house still be taken away from the non-guilty partner?

It means that you cannot sell your home or charge/mortgage it. It sounds like this is a freezing order. You should get legal advice.

[atticus]

Definitive answers are not possible on that little information. It is possible that the joint ownership may be challenged. But your friend is (or friends are) clearly in big trouble.

[JK2054]

Hello I’m seeking advice/clarification for a friend. They are currently awaiting a court case regarding Fraud and Kindred Offences and they have received a Restraint Order prohibiting them from having dealings regarding their asset: their home. What does this mean in layman’s terms please? And can their house be used to pay back any fine or money deemed to be owed by them at the end of the court case? Thank you

Yes it can be used to pay back any fine or money deemed owed. That is sort of the point. They can force a sale and use the proceeds to pay back any orders made.

However if your friend is on fraud charges they should have a laywer? And said lawyer should be able to answer such questions.

I hope you aren't trying to say that a lay person is self representing in a fraud trial?