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Family Law, Divorce, Separation

Injunctions used to protect against domestic abuse

  • In order to apply for an Injunction you must be related or associated to the abuser in one of the following ways:
      • Have been married to each other
      • Have been in a civil partnership with each other
      • Are cohabitants or former cohabitants (including same sex couples)
      • Live or have lived together
      • Are relatives
      • Have a child together
      • Although not living together,  are in or have been in an “intimate relationship of significant duration”
      • Are both involved in the same family proceedings i.e. divorce or child contact
  • Non-molestation orders

      Typically granted for six to 12 months and an arrestable offence if breached, a non-molestation order usually forbids an abuser from:

      • Using or threatening physical violence
      • Intimidating, harassing or pestering
      • Communicating with you (if appropriate)
      • Instructing or encouraging others to do what they can't


       

  • Occupation orders

      Typically granted for six to 12 months and a power of arrest can be attached. An occupation order can:

      • Regulate the family home
      • Suspend rights to occupy or visit
      • Evict an abuser from the home
      • Prevent an abuser from returning
      • Prevent an abuser from coming within a certain distance of the home
  • Prohibited steps orders

      Prevents someone from taking your child from your care and control. No power of arrest is included, although should your child be taken from your care and control when you have the benefit of a prohibited steps order, you should notify the police immediately.
      If the order is breached, you can enforce through the County Court as contempt.
      It does not prevent all contact between the children and respondent, however, this will largely depend on circumstances.