Restraint Order Solicitors
Immediate, strategic legal representation to protect your assets and financial interests during a criminal investigation.
If you or your business have been served with a Restraint Order, you are facing one of the most severe interventions the state can make into your financial affairs prior to any conviction. Designed to freeze assets and prevent the dissipation of property, a Restraint Order can instantly paralyse your personal life and business operations.
At SAK Solicitors, our specialist criminal defence lawyers understand the devastating impact these orders can cause. We provide robust, proactive legal representation to challenge, vary, or discharge Restraint Orders, safeguarding your livelihood and your rights.
What is a Restraint Order?
A Restraint Order is an order granted by the Crown Court—typically under the Proceeds of Crime Act 2002 (POCA)—at the request of investigators, prosecutors, or HMRC. It prohibits you, and often third parties such as spouses or business partners, from dealing with, selling, transferring, or diminishing the value of specified real estate, bank accounts, vehicles, and other assets worldwide.
While these orders are implemented to preserve potential funds for future confiscation in the event of a conviction, they are frequently applied for at the very early stages of an investigation, long before any charges are formally brought.
The Immediate Impact
- Asset Freezing: Access to personal and business bank accounts is immediately blocked.
- Operational Paralysis: Companies subject to restraint often struggle to pay staff, suppliers, or ongoing operational costs.
- Reputational Damage: Financial restrictions can severely impact business relationships and personal standing.
How SAK Solicitors Can Help
Navigating the complexities of the Proceeds of Crime Act requires specialist legal expertise. Our criminal defence team works swiftly and meticulously to scrutinise the validity of the order and hold the prosecution to account.
We assist clients with:
- Urgent Applications: Challenging poorly drafted or overly broad orders that threaten your basic daily living expenses or legitimate business operations.
- Varying Living and Legal Expense Allowances: Applying to the court for reasonable living allowances and funds to pay for independent legal representation to defend your case.
- Discharging Restraint Orders: Seeking the complete removal of the order where there is no evidence of criminality, where the investigation has stalled, or where the initial application contained material flaws.
- Third-Party Interests: Protecting the legitimate property and financial interests of innocent family members, business partners, or corporate entities caught up in the order.
- Liaising with Receivers: Managing interactions with court-appointed Management Receivers or Enforcement Receivers to minimise disruption to your assets.
Why Choose SAK Solicitors?
- Proven Criminal Defence Expertise: Our solicitors have a deep understanding of POCA legislation and complex white-collar crime defence.
- Rapid Response: We recognise that time is of the essence when assets are frozen. We act quickly to review your case and file urgent applications.
- Discretion and Sensitivity: We handle high-profile and sensitive financial investigations with the utmost confidentiality and professionalism.
- Tailored Strategic Advice: Every case is unique. We build a robust defence strategy tailored to protect your specific personal and commercial interests.
Take Action Today
A Restraint Order is not permanent, but challenging it requires immediate, expert legal intervention. Do not attempt to navigate the complexities of POCA alone.
Contact SAK Solicitors today to speak confidentially with a specialist criminal defence solicitor.
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