Injuctions

It is an unfortunate situation that many people suffer from domestic abuse. This can have a sever impact on all the family.

If you have suffered domestic abuse, violence or harassment Shepherd Harris & Co. solicitors can help. Our solicitors are experts in dealing with many types of abuse cases.

We understand the urgency of situations an injunction may be required and have therefore devised a rota scheme to ensure that a family solicitor is always available to deal with urgent injunction cases.

Domestic abuse includes any behaviour which is meant to hurt or frighten you. It can range from physical violence to threatening words or acts. Harassment includes things such as pestering with phone calls or damage to your property.

An application for an injunction may be made to the court so that the abuser is prohibited from abusive behavior.

Injunctions

An injunction is a court order which requires someone to do or not to do something. In very urgent cases applications to court can be made quickly and without the other party knowing beforehand.

The most common court orders are:

Non-molestation order – this type of injunction prevents the abuser from ‘molesting’ you or your children. Molesting means harassing, pestering or intimidating and includes assault. Assault can mean acts of violence such as punching, pushing, slapping, throwing objects, spitting at you, etc. A non-molestation order also prevents the other party from instructing someone else to harass you.

Occupation order – this regulates who can live in the family home and can also restrict your abuser from coming within a certain distance of the home. An occupation order can:
- Allow you to remain in the home if the other party is trying to get you out.
- Allow you back into the home if the other party has already thrown you out.
- Remove the other party from the home and prevent them from returning.
- State that you and the other party must live in separate parts of the home.
- Restrict the other party from entering the surrounding area.

What happens if my abuser breaks the court order?

A change in the law means that a breach of a non-molestation order is a criminal offence. If your abuser breaches the non-molestation order, the police will arrest and pursue the breach through the criminal courts. Sometimes the court can attach power of arrest to an occupation order also. If the police don’t act or your abuser breaks an occupation order without a power of arrest then you have the right to bring the case back to court and ask for the abuser to be punished for the breach. The judge can punish someone in a number of ways including by fines or imprisonment.

Paying for legal action

If you are on a low income or are receiving state benefits you may be entitled to receive public funding (legal aid). We can assess your eligibility during your appointment.

If you are unsure or would like further clarification or would wish to arrange an appointment please do not hesitate to contact one of our extremely helpful and understanding family solicitors Harjinder Mann or Sarah Canfield.