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Facing a POCA restraint order is a serious matter that can have far-reaching consequences for your personal and business finances. Engaging a specialist POCA solicitor as soon as possible is essential to protect your assets, navigate the legal process, and explore opportunities to challenge or modify the order.

At Moeen & Co. Solicitors, our team of restraint order solicitors in London have extensive experience helping clients across the UK respond effectively to restraint orders.

If you are affected by a POCA (Proceeds of Crime Act) Restraint Order, contact our specialist POCA solicitors immediately at 0203 959 7755 to challenge it.

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What is a POCA (Proceeds of Crime Act) Restraint Order?

A restraint order under the Proceeds of Crime Act (POCA) is a legal order that prevents an individual from accessing, transferring, or spending their assets.

A restraint order is a legal tool used to freeze assets suspected of being acquired through criminal activity. Under the Proceeds of Crime Act 2002, these orders can apply to bank accounts, property, and other assets, preventing them from being sold, transferred, or accessed.

Authorities typically use restraint orders in cases involving fraud, money laundering, or serious financial crime.

Our specialist POCA restraint order solicitors help individuals and businesses understand the order, assess its legality, and protect their assets.

Who Can Issue a POCA Restraint Order?

Restraint orders are usually requested by the Crown Prosecution Service (CPS) or HM Revenue & Customs (HMRC). Any authority with sufficient evidence of criminal benefit can apply, but the court must be satisfied that the order is necessary to preserve assets for potential Confiscation Orders.

Our experienced POCA restraint order solicitors in London can review the application, challenge its validity if necessary, and advise clients on their legal options.

What are the Potential Consequences of a POCA Restraint Order?

Restraint orders can significantly affect both personal and business finances. They can:

  • Freeze company bank accounts, preventing normal trading.
  • Restrict personal access to funds needed for everyday expenses.
  • Require disclosure of all assets, including offshore holdings.
  • Impact business relationships, employees, and third-party associates.

Working with POCA solicitors ensures these consequences are carefully managed and that legal avenues are explored to protect your assets and minimise disruption.

Can a Restraint Order Affect Family Members or Business Partners?

Yes. Restraint orders can impact third parties, particularly if assets are jointly owned or linked to business operations. Our specialist POCA solicitors can assist affected family members or partners by providing legal advice, helping to protect their interests, and ensuring that only relevant assets are frozen.

How to Respond to a Restraint Order?

Responding effectively to a restraint order requires speed and precision. Most orders require disclosure of information to the court within a set period, often 21 days. An experienced POCA solicitor can:

  • Ensure all required information is gathered from relevant sources promptly.
  • Apply for extensions where necessary to avoid penalties.
  • Protect legitimate assets from unnecessary seizure or freezing.
  • Challenge the legality of the order where appropriate.

Acting quickly ensures you comply with legal requirements while minimising disruption to your personal and professional life.

Can a Restraint Order Be Challenged or Discharged?

Yes. Despite the low threshold for obtaining a restraint order, it is often possible to request a variation or discharge. Our POCA solicitor will assess the strength of your case, gather supporting evidence, and make timely applications to the court. Challenging the order successfully can allow access to some or all of your assets, helping to reduce the financial and operational impact on your life or business.

How POCA Restraint Order Solicitors Can Help

An experienced POCA restraint order solicitor provides invaluable support for individuals and businesses facing restraint orders. Our services include:

  • Explaining your rights and the implications of the order.
  • Representing you in court and challenging any unlawful aspects of the order.
  • Applying for the release of funds for essential living or business expenses.
  • Ensuring your legitimate assets are protected from unnecessary freezing or seizure.
  • Gathering required information promptly to meet court deadlines.
  • Applying for extensions if deadlines cannot be met.
  • Working with third parties to collect necessary evidence.
  • Applying for variation or discharge of the restraint order where legally possible.
  • Challenging the order if the authorities have not met legal requirements.

With the support of specialist POCA restraint order solicitors, you can minimise the financial and personal impact of the order and improve your chances of a favourable outcome.

How Quickly Should I Contact a POCA Restraint Order Solicitor?

Most restraint orders require disclosure of information to the court within a short deadline, often 21 days. Engaging an experienced fraud solicitor or criminal defence lawyer immediately ensures that deadlines are met, information is collected correctly, and applications for extensions or funds release are made promptly. Early intervention maximises the chance of achieving a favourable outcome.

Why is It Important to Use a Specialist Restraint Order Solicitor?

Dealing with a restraint order requires deep knowledge of financial crime law, court procedures, and asset protection strategies. An experienced restraint order solicitor can:

  • Navigate complex legal processes.
  • Communicate with prosecutors and court officials.
  • Apply for funds release to cover essential expenses.
  • Challenge unlawful or overly restrictive orders.

Our expertise helps clients manage the legal, personal, and business challenges that arise from POCA restraint orders, giving peace of mind during a difficult time.

Choosing the Right POCA Restraint Order Solicitor

When selecting a solicitor to handle a restraint order, it is important to choose someone who:

  • Has extensive experience in fraud and financial crime law
  • Understands the nuances of the Proceeds of Crime Act 2002
  • Can act quickly and strategically to protect your interests

At Moeen & Co. Solicitors, our team of POCA restraint order solicitors combines expertise, practical experience, and a commitment to achieving the best possible outcomes for our clients.

Contact Our POCA Restraint Order Solicitors Today

If you've been served with a POCA Restraint Order, call Moeen & Co. Solicitors now on 0203 959 7755 to challenge or discharge a Restraint Order.

There are several ways to contact our solicitors based in Hayes, London:

We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre. 

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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