Domestic Violence Injunctions

Domestic violence takes place in many forms and affects both women and men in the UK. There are many forms of domestic violence including Controlling behaviour, Psychological abuse, Physical abuse, Sexual abuse, Financial abuse, Emotional abuse from a abusive partner. If you have been a victim of domestic violence help is available and it is important you take appropriate action in order to protect you and any relevant child against your abuser.

What types of injunctions Orders are available?

There are two types of injunctions orders (court order) you can apply to protect you and your relevant children from domestic violence and your abuser – known as the the respondent

  • A Non-Molestation Order to prevent someone from being violent, threatening violence, harassing or intimidating you and;
  • A Occupation Order to exclude someone from your home

What is a Non Molestation Order?

You can obtain a non molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you. A Non-molestation order is an injunction order to protect you and your child or children from violence or harassment. 

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Who can apply for an Injunction?

You can apply for emergency non-molestation or occupation order if you are associated to the respondent/abuser is you’re:

  • Husband, wife or civil partner
  • Former husband, former wife or former civil partner
  • Fiancé, fiancée or proposed civil partner
  • Former fiancé, former fiancée or former proposed civil partner – if your engaged or agreement to form a civil partnership ended less than 3 years ago
  • Boyfriend, girlfriend, partner or a person you in or have been in a relationship with
  • You can apply of the respondent is a close family member such as a parent, brother, sister, aunt or uncle
  • You can also apply if you have a child or grandchild and the respondent is the child’s parent or person you share parental responsibility with.
  • You can apply if your child (or grandchild) has been adopted to get an injunction against their adoptive parent, anyone who has applied to adopt them or anyone the child has been placed with adoption.

What protection/order will I receive?

If your application is successful, a Judge will order a non molestation order against your the respondent for a specified period usually for 1 year and prevent your abuser (the respondent) from:

  • Not to be violent, threaten violence, intimidate, harass or pester
  • Not to contact you by telephone, email, social media or in person
  • Not to come near your property where you reside or your place or work or through someone else

You will also need to show if you are not granted the order the risk you will be exposed with such as further harm or future risk without the order. The court order will contain a power of arrest attached to protect you and children allowing police offers to arrest the respondent. 

What is an Occupation Order?

You can apply for a occupation order of you’re a victim of domestic abuse or violence and deals with who lives in the family home. The order will say who can live in the family home or enter the surrounding area.

Who can apply?

  • The applicant owns or rent the home and it is, was or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you are engage to or parent of your child – the associated person
  • The applicant does not own or rent the home but you are married or in a civil partnership with the owner and your living in the home (known as matrimonial home rights) and
  • Your former husband, wife or civil partner is the owner or tenant and the home is, was, or was intended to be your shared matrimonial home
  • The person you cohabit or cohabited with is the owner or tenant and the home is, was, or was intended to be your shared home

When the court is considering granting a occupation order, the court will consider the balance of harm test, whether the applicant will suffer significant harm and various other factors, including the housing needs and resources of you, your abuser and any children, the financial resources of the parties, the likely effect of any order or not making an order

What orders can I be granted:

  • Order the respondent/abuser to move out of the home or to stay away from the home
  • Order the respondent/abuser to keep a certain distance away from the home
  • Order the respondent/abuser to stay in certain parts of the home at certain times (for example it can order him to sleep in a different bedroom)
  • Order the respondent/your abuser to allow you back into the home if he has locked you out
  • Order a party to continue to pay the mortgage, rent or bills
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Is there a fee to apply to the Family Court?

There is no application fee to apply for a non molestation order or an occupation order to apply for a domestic violence injunction.

Is there an application form?

Yes you can make an application for non-molestation and/or an occupation order at your local or nearest Family Court. The application form must be completed correctly.

Is there any evidence to be provided in support of the application?

A witness statement must be provided giving details of the past history of violence or future risk of the violence taken place to you and any relevant children. It is important you attach any evidence in support of the application and what will happen if no order is granted. If the application is a without notice application, you are likely to attend a hearing.

What if I need an Emergency Urgent injunction?

This is known as a without notice application. If you require an urgent without notice application, this is the case where you do not wish your abuser to know of the application as if they are aware of the proceedings; you can be exposed to further harm or risk, so it needs to be made on a without notice basis. Of course there must be good cause to grant the application urgently. The respondent would however be given an opportunity to attend a hearing and contest the interim order that has been granted against the abuser.

Do I need to serve the order on my abuser?

Yes the respondent must be aware of the proceedings before he/she is responsible for breaching the order and for any enforcement action being taken for such a breach. There is a requirement a copy is provided and should be done using a process server or via the court by the court bailiff.

How can we help?

Our friendly team of Family Law Solicitors in London  are here to provide you with honest and transparent advice to our clients and help them achieve the best possible outcome including to their children and finances

If you require assistances, please contact us or for a call back from one of our lawyers on 0203 7324736 or complete the contact form.

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