An Injunction is a ‘civil court order’ which can be used to keep you safe. In family law these are called ‘Non-Molestation Orders’ or ‘Restraint Orders’.
An injunction places legal restrictions on your partner to try to prevent or limit any further violence.
Wimbledon Solicitors have a specialized team to obtain Injunctions from the court at a very short notice, even on the same day. To start the proceedings, your partner does not even need to be informed that you are seeking an injunction.
This procedure of obtaining an emergency injunction is called ‘ex-parte‘, where your partner is totally unaware of the steps you are taking to protect yourself, until it has all been done. This is particularly useful in situations where you are frightened of your partner or where they are actually being violent or threatening violence. Once obtained, an injunction can last for 12 months, but if the circumstances still exist, it can be extended for longer.
There are various different types of injunctions:
- Occupation Orders: These are sometimes also called ‘ouster injunctions‘. In effect these types of injunctions will exclude your partner from the property where you live.
- Non-molestation Injunction Orders: These injunctions prevent your partner from assaulting you and/or your children. It can also prevent your partner from coming within a certain area and can stop any other behavior that is specific to your particular circumstances. These types of injunctions also stop your partner from trying to intimidate or threaten you through other people, such as getting someone else to do things for them.
It is possible to obtain an injunction which comprises a combination of both of the above.
Unlike many other court hearings, injunction applications are held in ‘closed courts’. This means that the court will be cleared of all people who are not directly involved with your case. It is also possible to ask for your address to be kept secret from your partner. When the time comes for your partner to attend the court, adequate security can be provided to you in and around the court to ensure that you are not troubled. Your partner will be kept away from you at all times in the court, where you are worried about their presence.
We will always ensure that you are escorted to and from the court by a competent member of our staff. You can rest assured that any bad behavior by your partner in court will be dealt with forcefully by the presiding judge.
Breach of an injunction is an arrestable offense. This means that your partner will be immediately arrested with the slightest violation of the injunction. A copy of such an injunction will be lodged at your local police station by us, and the police will know to keep a special lookout for you in the area. Any subsequent phone call by you to the police will automatically be dealt with as a priority.
Injunctions are a useful way of showing your abusive partner that you are no longer prepared to tolerate their behavior. Very often they serve as a wake-up call to abusive and threatening partners and make them realise that they have gone that one step too far and that you have now sought professional and effective help. However; for an injunction to be fully effective, you must be willing to use it by calling the police where your partner disobeys the terms of the injunction.
If your partner does break the terms of the injunction, the judge has the power to send them to prison. The law in this area is changing all the time and the latest Act of Parliament, The Domestic Violence, Crime and Victims Act 2004, provides even greater scope for protection. The new law makes a breach of a non-molestation order a criminal offense, thereby increasing the chances that your partner will go to prison for breaching an injunction and, it also provides the same protection to co-habiting and same-sex partners.
For an immediate Free telephone consultation about Domestic Violence/ Injunctions call us on 020 8543 3302