What is an injunction?

An injunction is a legal order designed to protect individuals from harm, harassment, or threats. Commonly issued in cases of domestic violence or abuse, injunctions can provide immediate protection for you and your children.

Under the Family Law Act, there are two primary types of injunctions:

Non-Molestation Orders: Prevent harassment, violence, or threats from a specific individual towards you or a child.
Occupation Orders: Determine who can live in, or be excluded from, the family home.

If someone breaches the terms of an injunction, the court may attach a Power of Arrest to ensure swift enforcement.

Our experienced solicitors can guide you through the process of applying for these orders and ensure your safety is prioritised.

Who can you take out an injunction against?

You can apply for an injunction against:

  • Your current or former spouse or partner.
  • Someone you are or were cohabiting with.
  • A relative, such as a parent, sibling, or child.
  • Someone living in the same household.
  • The mother or father of your child.

If you’re unsure whether your situation qualifies, contact us for personalised advice.

Don’t wait to protect yourself and your loved ones – call us today on 01442 872311 to speak with one of our friendly team members.

How do I apply for an injunction?

Applying for an injunction typically involves:

  • Gathering evidence of the harm, threats, or harassment you’ve experienced.
  • Submitting an application to the court.
  • Attending a court hearing, where a judge will assess your case.

We know this can feel overwhelming, especially in emotionally charged situations. Our team is here to handle the legal process on your behalf, ensuring you feel supported every step of the way.

How much do injunctions cost?

The cost of obtaining an injunction depends on several factors, including the complexity of your case and whether the court requires further hearings. We aim to provide clarity around fees from the outset and will provide a detailed estimate of costs once we have discussed your situation with you further.

If you’re concerned about costs, speak with us today to discuss your options. Legal aid may also be available in cases involving domestic abuse, although we are not able to offer legal aid for private family law here at Machins.

What is a non-molestation order?

A Non-Molestation Order can prevent someone from:

  • Using or threatening violence against you or your children.
  • Harassing, intimidating, or pestering you in any way.
  • Instructing anyone else to do any of the above.

The goal is to safeguard you from harm and ensure your peace of mind.

What is the difference between a Non-Molestation Order and a Restraining Order?

A Non-Molestation Order is a civil order designed to protect victims of domestic abuse, typically issued under family law. A Restraining Order, on the other hand, is issued under criminal law – usually following a criminal conviction or charge.

If you’re unsure which order applies to your situation, our solicitors can explain the differences and guide you accordingly.

What is an occupation order?

An Occupation Order regulates who can live in a property, typically the family home. It can exclude someone from the property entirely or prevent them from entering specific areas. Occupation Orders are especially useful in situations where you feel unsafe sharing the home with the other party. It is usual to apply for an Occupation Order alongside a Non-Molestation Order.

Can I apply for an injunction without a solicitor?

Yes, it’s possible to apply for an injunction on your own. However, having a solicitor ensures that your application is thorough, that deadlines are met, and that your case is presented as effectively as possible.

What happens if the order is breached?

If someone breaches a Non-Molestation Order, it’s a criminal offence. You should contact the police immediately as a power of arrest will be attached to the Non-Molestation Order. The courts take these breaches very seriously, and offenders may face prosecution and sentences that can include imprisonment.

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