Injunction Orders
Injunction Orders: Safeguarding Against Domestic Violence
Domestic violence is a deeply concerning issue that can affect individuals within intimate or familial relationships, regardless of gender. It encompasses not only physical harm but also extends to emotional, verbal, sexual, mental, or financial forms of control and abuse.
When instances of physical violence occur between you and your partner or family member, it is crucial to involve the authorities promptly by reporting the incident to the police. Their intervention can play a pivotal role in addressing immediate threats.
However, there are situations where legal action becomes necessary to protect victims from ongoing harm. In such cases, the services of a solicitor may be required to send a formal warning to the aggressor, notifying them that their behaviour could lead to court proceedings. This pre-emptive measure often proves effective in deterring further acts of violence.
In more dire circumstances, victims may need to seek a court-issued injunction, which serves as a legal order designed to shield them from future violence or harassment. Under the Family Law Act 1996, two distinct types of injunction orders can be pursued:
- Non-Molestation Order: This court order explicitly prohibits the violent party from assaulting, molesting, pestering, or harassing the victim and, if applicable, any children involved.
- Occupation Order: When deemed necessary for the well-being, health, or safety of the victim or their children, the court can issue orders that restrict or exclude an individual from a residence.
Typically, injunctions are granted for a specified duration but can be extended through subsequent applications to the court. In cases where the violence is severe and there is a genuine fear of the partner or ex-partner’s actions, it is possible to apply for these orders without notifying the alleged abuser. This procedure, known as an “ex parte” or “without notice” application, offers immediate protection to the victim. However, the accused party will usually have an opportunity to defend themselves at a later court hearing.
At our firm, we understand the gravity of domestic abuse and approach each case with sensitivity and urgency. It is crucial to take swift action to mitigate further risks to your safety.
We are committed to providing comprehensive guidance and explaining all available options to our clients at every stage of the legal process. Additionally, if you find yourself served with an injunction order by a partner or family member, we are here to assist you in navigating this complex situation.
Please note that our services in this regard do not qualify for Legal Aid.