Domestic Abuse and Injunctions

If you are experiencing domestic abuse, the courts can protect you, and your children, from the person responsible for the abuse by issuing injunctions. Two important types of injunction are:

  • a non-molestation order: this prevents someone from pestering, threatening, attacking or harassing you. These orders can also prohibit certain behaviour, such as coming within a certain distance of you
  • an occupation order: this enables you to enter and remain in your home or exclude someone else from the property. In harassment cases, this order can also apply to a defined area close to your home.

Breach of a non-molestation order is an arrestable offence and powers of arrest can also be attached to an occupation order. In certain circumstances, the court can also make these orders on a “without notice” basis, before the other party has been notified of the application, which makes these injunctions powerful forms of protection in serious cases of abuse.

People experiencing domestic abuse can apply for an injunction if they:

  • are, or were, married to or living with the abuser
  • are related to them
  • have agreed to marry them
  • have a child with them or share parental responsibility
  • are involved in the same family proceedings.

We can provide sensitive, timely advice to anyone experiencing domestic abuse.

For more information on our domestic abuse and injunctions legal services, please contact us.