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Injunction Orders

Domestic violence is incredibly serious and can take place against men or women in an intimate of family unit, it is not limited to only physical violence but can include emotional, verbal, sexual, mental or financial centred on controlling behaviour.

In many cases, the police will assist when physical violence takes place between you and your partner or other family member. Any violent incident should be reported to the police as soon as possible.

In some circumstances, it is necessary for a solicitor’s letter to be sent to the violent person to warn them that, if their behaviour continues, Court proceedings may be commenced. In many cases, such a warning can be successful and prevent further violence.

Where necessary, application can be made to the Court for an injunction, which is an Order to protect you from further violence or harassment. There are two types of Orders that may be sought under the Family Law Act 1996.

  1. Non-Molestation Order– This will be an Order by the Court forbidding the violent person from assaulting, molesting, pestering or harassing the other person and/or any children
  2. Occupation Order–If necessary, a Court will make Orders which will restrict or exclude a person from a property if it is necessary for the health, safety or wellbeing of the other person or their children.

Injunctions are usually ordered to continue for a specified period of time but can be extended by further application to the Court.

If the violence is serious and/or you are frightened what your partner or ex-partner might do we can apply for the Orders without them knowing about it. This is called without notice. In most cases they will have the opportunity to defend themselves at a later hearing although you will still have the protection of the earlier Order.

We are recognise the seriousness of such abuse and are sensitive to the needs of our Client. It is important to act quickly to ensure that you are not at further risk.

We will clearly explain the options available to you so you are aware of the possible steps at each stage. We are also able to assist if you have been served an injunction order by a partner or family member.

© Copyright 2019 Makwana Solicitors. All Rights Reserved.

Designed & Developed by Vital Concept.

© Copyright 2019 Makwana Solicitors. All Rights Reserved.

Design & Developed by Vital Concept.