Injunctions

An injunction is a useful way of showing your abusive partner that you are no longer prepared to tolerate their behaviour. Very often it serves as a wake-up call to an abusive and threatening partner to make them realise that they have gone that one step too far and that you have now sought professional and effective help. Our skilled staff will ensure that your case is dealt with in the most suitable way according to your circumstances.

An Injunction is a civil court order, which can be used to keep you safe. It places certain restrictions on your partner’s conduct or behaviour to try to limit or prevent any further violence. Injunctions can be obtained from the court at very short notice, sometimes even on the same day and to commence proceedings your partner does not, in certain circumstances even need to be informed that you are seeking an injunction. This is particularly useful in situations where you are frightened of your partner or where they are threatening violence or are actually being violent.

There are different types of injunctions, being:-

Non-molestation 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 behaviour 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 on their behalf.  

Occupation Orders: These types of injunctions will exclude your partner from the property where you live. For example, you may be living together in the same property, you may have children who are settled and going to school locally and you may have nowhere else to reside yourself. In such circumstances the courts can order that your abusive partner leaves the property immediately and not be permitted to return.

It is possible to obtain an injunction, which comprises of a combination of the two orders. The courts look at the circumstances of each case individually and orders are given taking this into account. If there are particular circumstances you are concerned about, these can often be addressed by the courts within the injunction. For example you may have reason to be concerned for the safety of your children at school, or your own safety at your workplace. These are all issues which will be discussed with you in the preparation stage of seeking an injunction and we will advise you of precisely what protection you can expect from the courts.
 

Applying for an Injunction

To apply for an injunction, it is necessary to attend court. However, unlike many other court hearings, injunction applications are held in closed a court, meaning that the court will be cleared of all people who are not directly involved with your case.

Breaking an Injunction

The court treats the breach of an injunction order as a very serious matter punishable, in bad cases, by imprisonment. Whilst most judges are sensitive to the fact that they are dealing with a family situation that does not change the fact that your partner will not be allowed by the court to flout the law without suffering the consequences.

It is also important to bear in mind that in many cases the abusive behaviour by your partner could well amount to criminal conduct and we would always assist you in liaising with the appropriate police authorities who are specially trained in dealing with abuse cases.

To discuss your circumstances with one of our team, contact us by either our email facility or directly.

For more infomation please contact one of the following:

Name Position Office
Patrick Langrishe Partner Budleigh Salterton
Mark Arden LLB Hons Senior Solicitor Crediton
Christina Woollacott Senior Litigation Executive Crediton

Family