Obtaining an Injunction
Are you in fear of violence from a spouse, relative or cohabitee? Do you feel unsafe in the family home?
Blacks Solicitors’ Family Law team can provide immediate and effective protection against domestic violence and we have direct links to a range of support agencies.
A Non-Molestation Order prevents the abuser from using violence or from threatening violence against you or your child; it also includes intimidation, harassment, or pestering.
If you suffer from the above, to apply for this Order you must be (or have been):
- Married to each other
- In a civil partnership with each other
- Cohabitants or former cohabitants (including same-sex couples)
- Live or have lived in the same household
- Have formally agreed to marry each other (even if that agreement has now ended)
- Have a child together
- In an intimate relationship of significant duration
In deciding whether to grant a Non-Molestation Order the Court must consider all of the circumstances of the case including the need to secure the health, safety, and well-being of both the Applicant and any relevant child.
A breach of a Non-Molestation Order is a criminal offence resulting in imprisonment, a fine, or both.
This regulates who can live in the family home and it can restrict the abuser from entering the surrounding area.
If you don’t feel safe continuing to live with your partner or if you have left the home because of violence but want to return and exclude your partner, you may want to apply for an Occupation Order. You can have a Power of Arrest attached to the Occupation Order in the event of a breach. The Order can apply to rented or owned property.
For both of the above the Court will look at the ‘balance of harm’ test and has a high level of discretion.
If you are not eligible to apply for an Order as stated above but you are being continually harassed, threatened, pestered, or stalked you may be able to obtain an Injunction under the Protection from Harassment Act 1997.
For more information about any of the above, or for a no obligation discussion, please email or call Blacks’ Family Law team today on 0113 227 9285.