You can apply for an injunction if you have been the victim of domestic violence and the perpetrator of the violence is considered a connected person.
An injunction is a court order that either:
- Protects you or your child from being harmed or threatened by the person who has abused you – this is called a ‘Non-Molestation Order’; or
- Decides who can live in the family home or enter the surrounding area – this is called an ‘Occupation Order’.
The person named in the injunction can be arrested if they break it.
Can I apply for a Non-Molestation Order?
You can usually apply for a Non-Molestation Order if you are a victim of domestic violence and the perpetrator of the violence is:
- Someone you are having or have had a relationship with;
- A close family member;
- Someone who has parental responsibility for your child or grandchild;
- If your child or grandchild has been adopted, you can also apply to get an injunction against:
a. Their adoptive parent;
b. Anyone who has applied to adopt them;
c. Anyone the child has been placed with for adoption;
d. The child or grandchild.
- Someone you are living or have lived with.
Can I apply for an Occupation Order?
You can apply for an Occupation Order if you are a victim of domestic violence and if:
- You own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you are engaged to or parent of your child;
- You do not own or rent the home but you are married or in a civil partnership with the owner and you are living in the home;
- Your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home;
- The person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home.
How do I apply for an injunction?
You can apply for an injunction by filing the relevant application form and a witness statement in support at court.
If you need protection immediately, you can ask the court for an emergency order. You do not have to tell the perpetrator of the violence that you are applying.
For further advice on applying for an injunction, please feel free to contact us. If, however, you are in immediate danger, you should contact the police in the first instance.
Author: Sam John