Injunctions

You can try to get some protection from your abuser by applying to the court for a injunction or a protection order. An injunction is a court order that can prevent your partner or ex-partner from using or threatening violence against you and your child, or intimidating or harassing you.

As a specialist family law firm, DS Legal has extensive experience in all manner of domestic abuse cases. We can give you advice and support to protect you and your children and prevent further suffering. Our expert lawyers work with local authorities, police and voluntary organisations on all type of domestic violence cases.

Applying for an injunction

If you are a victim of domestic violence and abuse you must seek help as your situation will never improve otherwise. You can try to get an injunction which can stop your partner or ex partner from intimidating or harassing you.

There are two main types of injunction which you can apply for:

  • Non Molestation Orders for protection from all forms of violence and abuse
  • Occupation Orders – sometimes called Exclusion Orders or Ousters, which regulate the occupation of the shared/family home.

Who can use this law?

In order for you to apply for one of these orders you must be an ‘associated person’. This basically means that your or your partner or ex-partner must be related or associated with each other in one of the following ways:

  • You are or have been married to each other
  • You are or have been cohabitants
  • You have lived in the same household
  • You are relatives
  • You have agreed to marry
  • You have a child together (this can include those who are parents of the same child, and those who have parental responsibility for the same child).

Balance of harm test

In some cases a court will be obliged to make an order if it appears that the victim or any child is likely to suffer significant harm from the abuser in the event that an order is not made. The court shall weigh up all the necessary facts about your case.

How long does it take to get an injunction?

If you are in immediate danger, an application can be made to the court on the same day without your abuser being there. This is called a ‘without notice’ or ex parte application. The court will need to consider whether or not you are at risk of significant harm, whether you will be prevented or deterred from applying if you have to wait, or whether your abuser is evading being served notice to appear before the court. If the court grants a ‘without notice’ order, you will have to return to court for a full hearing once your abuser has been served with notice.

What evidence will be needed?

You will need to make a sworn statement (sometimes called an affidavit) to the court about the physical and emotional abuse you have experienced. You should be as precise as possible about all the ways you have been harmed, the dates and times (if you have them) and the effects on you and your children. It will help if you have kept a record of past events, or if you have independent evidence, such as police reports or medical records.

The court has discretion when deciding to make an order, and has to look at all the circumstances, including the likely effect of any order on the health, safety and wellbeing of your and your partner or ex-partner, your conduct in relation to each other, your needs, and your financial and housing resources.

Costs and Legal Aid

If you are a victim of abuse, whether it is physical, emotional, psychological or financial you may be eligible for legal aid.  We hold legal aid franchises in all our offices and we can quickly assess and if appropriate devolve powers to ensure that you get the protection you need when you need it. We will assess you or personal circumstances and advise on whether you are eligible for legal aid.  If you own your own home or have additional assets we will advise on whether the statutory charge is likely to come into effect and provide you with an estimate of what that charge may be.  Alternatively, we will endeavour to provide you with a fixed fee, so that you do not have to worry about ongoing legal costs.

Can we help you?

If you would like our help, please do not hesitate to call Lauren or Mark on 01242 517949, 01792 892692 or 01993 220651. Alternatively, please email us at enquiries@ds-legal.co.uk. We’re here to help.

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