If you have experienced abuse from a partner, spouse, ex-partner or another family member, you can ask the law to protect you. An injunction can prohibit someone from threatening or harassing you, can require them to stay away from you, your home and your place of work or can set out restrictions on what part of your home they can be in.
Abuse can be physical, verbal, emotional, financial, psychological or by way of coercion or controlling behaviour.
An injunction can be issued with a power of arrest so that if it is breached, the police can intervene and arrest your abuser.
Summary
- What Is An Injunction?
- What Evidence Do I Need For A Domestic Abuse Injunction?
- Restraining Orders And Injunctions: Which Should You Apply For?
- My Abuser Is Not Convicted Of Abuse, What Happens Then?
- If I Seek An Injunction, My Abuser Has Threatened To Take My Children Away
- I Am Not A Victim Of Domestic Violence, Can I Still Get An Injunction Against An Abusive Partner?
- Can I Get An Injunction If I Have Been Threatened?
- How Can I Protect Myself Against Abuse In The Home That I Share With My Partner?
- What Happens If My Abuser Ignores An Injunction Or Restraining Order?
- Can I Get An Injunction If I Cannot Afford A Solicitor?
- Contact Our Injunction Solicitors
What Is An Injunction?
An injunction is an order of the court that requires someone to do or not do specific acts.
The two main types of injunctions are:
- Non-molestation order – preventing someone from using or threatening violence against you or your children or intimidating or harassing you
- Occupation order – detailing where in the family home your abuser can and cannot go
What Evidence Do I Need For A Domestic Abuse Injunction?
Evidence will be by way of a statement from you setting out what has happened. If you have other evidence, for example, from your doctor or the police, that should also be included. You are also advised to keep a record of incidents.
How Quickly Can I Get A Domestic Abuse Injunction?
If you are in immediate danger, an application for an emergency injunction against a family member can be made and may be granted within a few hours on the same day. Otherwise, a non-emergency injunction application may take a couple of weeks to be processed.
How Long Does A Domestic Abuse Injunction Last?
This will vary depending on your case, but you can expect it to be six to twelve months. An injunction can be renewed if necessary and in some instances may be indefinite.
Restraining Orders And Injunctions: Which Should You Apply For?
A restraining order is a temporary order preventing someone from doing something and is issued as a result of a criminal case, while an injunction does not require criminal prosecution.
My Abuser Is Not Convicted Of Abuse, What Happens Then?
It is up to the court whether or not a restraining order is issued, but one can be made even if your abuser is not convicted.
If I Seek An Injunction, My Abuser Has Threatened To Take My Children Away
Abusers will sometimes use children to try and threaten or control their victims. The law exists to protect both you and your children. If your abuser has threatened you in this way, speak to a family lawyer without delay. They will be able to take steps to help you and prevent your abuser from carrying out their threats.
I Am Not A Victim Of Domestic Violence, Can I Still Get An Injunction Against An Abusive Partner?
An injunction or restraining order may be available even if there has not been any actual domestic violence. It is an offence to harass or threaten someone and to coercively control them.
Can I Get An Injunction If I Have Been Threatened?
If your partner is threatening you or your children, you can ask the courts for a non-molestation order or a harassment injunction. An expert family solicitor will be able to discuss your options with you and advise you on the best way to protect yourself and your children.
How Can I Protect Myself Against Abuse In The Home That I Share With My Partner?
An occupation order aims to protect victims of abuse who share a home with their abuser. It may exclude them from the home entirely or it could set aside certain areas of the property into which they are not permitted to go.
What Happens If My Abuser Ignores An Injunction Or Restraining Order?
Breach of an injunction or restraining order will generally result in arrest and the court will consider what penalty to impose. This could be a fine, a community service order or imprisonment.
Can I Get An Injunction If I Cannot Afford A Solicitor?
You may be entitled to Legal Aid if you are not able to afford a solicitor. With subsidised or free legal advice, together a solicitor can help you get an injunction against a family member.
Contact Our Injunction Solicitors
At Witan Solicitors, our family team can help you if you are in an abusive relationship and you need help getting an injunction against a family member. You will find our solicitors sympathetic and understanding and we will do all we can to help you through this difficult situation.
If you would like to speak to one of our expert family solicitors, email us at info@witansolicitors.co.uk, or fill in our contact form and we will talk through your situation with you and discuss the options available. We have offices in Birmingham, Northampton and London.
