What is an injunction?
You could try to gain some protection from your abuser by applying for a civil injunction or protection order. An injunction is a court order that requires someone to do or not to do something. There are two main types of injunctions available under Part IV of the Family Law Act 1996:
- A non-molestation order
- An occupation order
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
An occupation order regulates who can live in the family home, and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order. Under new legislation, a breach of a non-molestation order is now a criminal offence; however, you should still be able to take your abuser back to the civil court for breaking the order, if you prefer this. If you already have an injunction, you may have a power of arrest attached, and you can also have powers of arrest attached to an occupation order.
Who is eligible to apply for an injunction?
In order for you to apply for one of these orders you must be an ‘associated person’. This means you and 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 in a civil partnership with each other;
- You are cohabitants or former cohabitants (including same sex couples)
- You live or have lived in the same household.
- You are relatives.
- You have formally agreed to marry each other (even if that agreement has now ended).
- 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).
- Although not living together, you are in an “intimate relationship of significant duration”.
- You are both involved in the same family proceedings (e.g. divorce or child contact).
To get an injunction call:
The National Centre for Domestic Violence (NCDV) provides an income based, fast emergency injunction service to survivors of domestic violence regardless of their financial circumstances, race, gender or sexual orientation.
Their service allows anyone to apply for an injunction within 24 hours of first contact (in most circumstances). They work in close partnership with the police, local firms of solicitors and other support agencies (Refuge, Women’s Aid etc) to help survivors obtain speedy protection.
Referrals can be made via telephone or online: http://www.ncdv.org.uk/
Phone: 0800 970 2070
Text: NCDV to 60777 and they will call back
Protection Against Stalking 0808 8020 300
Staffordshire Victims Gateway
For advice and support call us on:
0330 0881 339
ARCH National: 0808 2000 247