Have you or your children been threatened or hurt, or do you live in fear of violence, or harassment?
Whatever happens, be sure to contact the police immediately. And be aware that you may be able to take out an injunction/obtain a court order to protect you and your children.
Who can I take out an injunction against?
Under the Family Law Act an injunction/court order can protect people and those who live in fear of violence from those they are or have been married to.
- co-habitants or former co-habitants.
- those who live or have lived in the same household.
- certain relatives.
- the Mother or Father of their child.
What can I do in law?
There are two types of injunction available to you:
Non-molestation order
This prevents someone (known as the Respondent) from molesting you (as the applicant) or a child. It can prohibit actions such as harassment, violence or pestering.
Occupation order
This deals with occupation of the home. The order can exclude the Respondent from the home or an area around it, or give you access to the home if you have been thrown out.
In both cases the court may attach a Power of Arrest to the order. This means that if the Respondent breaches any provision of the order, the police can arrest them immediately.
How do I apply for an injunction?
To apply, it is necessary to lodge an application together with a supporting sworn statement setting out the facts of the case to be relied upon.
The court will set a date for a hearing, of which both you and the Respondent will be informed. This normally takes two to three weeks but in emergencies the Court can hear just the applicant’s case immediately and make a temporary order.
In exceptional circumstances, the Respondent may not be informed of the hearing.
Contact Us
We will be able to advise you at every stage, and act in you and your children's best interests. Please contact Marilyn Bell or Keith Docking by email at marilyn.bell@salaw.com or keith.docking@salaw.com or telephone 01727 798064.