When a person is suffering from domestic abuse, then it is possible to apply to the Courts for protection via an injunction. An injunction is a legal order by the Court that states that a person must do a particular action (a mandatory injunction) or not do a certain action (a prohibitory injunction). Often a temporary injunction is applied for as a first step and this is then granted pending a further hearing.
But what is the difference between the different types of injunctions, who can apply and how long does it take? Here, our family law solicitors set out the facts.
Types of family injunctions that can be granted
There are various types of injunctions that can be applied for in relation to family issues, and these include:
- Non-molestation order
- Occupation order
- Financial freezing order- if the applicant can show that their partner is going to use assets or money to defeat their financial claim
- Prevention of removal of a child from the applicant’s care- when there is a fear of abduction overseas
Non-molestation order
Those suffering domestic abuse can feel helpless. Currently, one in four women in the UK will suffer domestic abuse from a partner or relative at some point in their lifetime. The types of abuse can be physical, emotional, financial, psychological or sexual. Therefore, it can be necessary to obtain an injunction from the Courts.
A non-molestation order can be used to prevent a person from using any violence, intimidation or harassment against any associated person. This is not limited to physical abuse and can include harassment via mobile phone or online.
The aim of this order is to protect the health and well-being of the person involved as well as their children. There will usually be a power of arrest attached to this that means if the person breaches the order, they will be committing a criminal offence and will be arrested if the police are notified.
Occupation order
An occupation order can be granted if the parties are living together. This will state that the partner accused of domestic abuse must leave the family home, usually for six months. It can also prohibit them from entering the local area for a set period. Occupation orders can also be used to:
- Allow a person to remain in their home even if their partner is attempting to make them leave.
- Allow a person to return home if their partner has made them leave already.
- Require the parties to live in separate parts of the home if this is practical.
If there are children in the family, then their needs are regarded as paramount, and they will usually remain in the family home with the primary carer.
Who can apply for an injunction?
Only associated persons can apply for an injunction, which means that the person concerned for their safety and the abuser must be:
- Married
- In a civil partnership
- Cohabitees
- Living in the same household
- Blood relatives, as well as their spouse
- Engaged (even if the engagement ends)
- Have children together- both biological children as well as those that the parties have parental responsibility for
- In an “intimate relationship of significant duration” but not living together
- Going through a family proceeding (for example, custody or divorce) with each other
The law applies now to both same sex as well as opposite sex relationships.
How long does it take to get an injunction?
Those in immediate danger can apply for a “without notice” or ex parte application for an emergency injunction. This is made in Court on the same day, and the abuser is not in attendance. The Court will need to determine issues such as whether there is a risk of significant harm if the applicant could be prevented or deterred from applying if there was a delay or if the abused is avoiding being served notice to attend Court.
If an emergency injunction is granted it is only a temporary measure and it will be necessary for a full hearing with notice to take place with both parties present. If other court proceedings are underway, for example in relation to the custody of children, then these may be heard at the same time as the full hearing.
Contact our specialist Family Lawyers today on 020 3993 0959 or complete our online enquiry form.
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