Injunctions are Orders made at the discretion of the Court which are used to prevent a person from acting in a specific way. Our sensitive lawyers are here to help you apply for an injunction and can advise on which type of injunction is best for your particular circumstances. No one should put up with domestic abuse. The law is there to offer you protection and there are several ways in which it can do this.
Non-Molestation Orders are designed to prevent a person from harming or threatening to harm you or your children if you are “associated” with that person in one of the following ways:
If there are concerns about harm or threats being made to the children of the family under the age of 16, an application can be made to the Court on their behalf.
What is considered molestation?
Molestation can take the form of physical violence or threats of physical violence but it can also be verbal abuse, abusive and/or persistent phone calls, threats, intimidation, bullying or abuse channelled through social media. If you would like to discuss Non-Molestation Orders with a specialist family solicitor, get in touch now.
What happens next?
Any Order made will only become effective once it has been served on the other party and will usually take effect for six to twelve months. In the final hearing, that person can oppose the granting of a final Order if they wish to do so. If that person does not attend the final hearing, the Order can be made in their absence. It’s worth nothing that a breach of a Non-Molestation Order is a criminal offence and will result in arrest.
You can apply for an Occupation Order if:
An Occupation Order will last for six months but can be extended for a further six months if necessary.
Before making an Occupation Order, the Court will consider the housing needs and financial resources of both parties and what effect making (or not making) an Order would have on the wellbeing, health and safety of everyone involved. It will also take into account the conduct of you and your partner towards each other and in general terms.
If granted, the Order can also determine for example, who should pay the rent or mortgage and who is responsible for the upkeep and maintenance of the property.
Will I have to go to Court?
Hearings are held in private and can be held urgently if your safety is considered to be at risk. In such circumstances, the hearing would take place without the other party being present if giving them notice might make things worse for you.
The Court also has the power to grant immediate protection by way of an Interim Order if it identifies that there is an urgent need to protect you and/or a child.
What happens if the Order is breached?
Breach of an Occupation Order can result in arrest if there is a power of arrest attached to it.