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Injunctions and domestic abuse
28th February 2020
If you are suffering from domestic violence, we are here to assist you through this challenging time. Our experienced family team are aware of the difficulties and the impact that domestic violence can have on individuals and children.
We can prepare a court application quickly and in most cases we can be ready to apply for an injunction against the perpetrator within a couple of days.
There are two types of injunctions available.
- A non molestation order
- An occupation order
Non molestation order
The purpose of this order is to stop your abuser from using violence, intimidating you, harassing you or pestering you. It is a criminal offence to breach the order and a breach of the order can result in immediate arrest.
This order can be applied for without notice. This means that the alleged abuser will not be informed of your application before you make it and will not be present at the without notice hearing. The Judge will decide whether to make an order based on your statement which is submitted with your application. The Judge will take into consideration all of your circumstances including your safety, well being and that of any children of the family.
After the initial hearing, the likelihood is that another Hearing will be set for a future date when the alleged aggressor will need to attend court to explain to the court why an Order against them should not be made and why any existing order should be cancelled or changed.
The alleged aggressor will have received your witness statement and will be given the opportunity of preparing a statement in reply before a contested hearing at which the parties can give evidence in the witness box about their statements.
The courts understand that you feel vulnerable being in the same court room as your alleged abuser and can make arrangements to make you feel safer such as having separate waiting rooms and sitting being a screen in court or sometimes giving evidence by video link.
We understand that discussions of this nature are personal and distressing to all parties involved. We offer a friendly, empathetic ear and will provide you with a common sense approach to the options that are available to you.
If you share a property with the alleged abuser, then this order will regulate the occupation of the home. Whether the property is rented or owned, we can discuss your options with you.
The order can state that:
- The abuser must move out of the home or stay away from the home
- The abuser must allow you back into the home e.g if the locks have been changed
- The abuser must pay the mortgage or rent even though he/she is not living at the property
When deciding whether to grant an order the court will look at several factors including:
- The housing needs of you, any children and the abuser
- The financial resources of you both
- The harm you and any children may suffer if an order is not made and;
- The likely effect of any order
For further information or a free consultation, please contact us on 0203 475 4321