What is an injunction?

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Published on Monday, 12 December 2022 15:15

Last Updated on 12 December 2022

Monica Costa

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Unfortunately, many family relationships can and do break down. There can be many reasons for this, but perhaps the most serious is threatening or violent behaviour from a partner or spouse. Domestic violence is an incredibly serious issue that affects millions of people across the UK.

One of the options available to sufferers of abuse is an injunction. They can use an injunction to protect themselves and their family from a violent or threatening partner. Let’s take a closer look at what injunctions are, how they work, and how to go about getting one. Keep reading to find out more.

What Is An Injunction?

An injunction is a type of order that comes from a court. The order defines who can stay at a family home or be present in the surrounding areas. It is designed to protect individuals and families from threats of violence, harassment, or intimidation. If the person named in the injunction is found to have broken the terms of it, they can be arrested and charged.

If you believe you would benefit from applying for an injunction, speak to family lawyers in London to discuss the options available to you.

There are two main types of injunctions. Let’s take a look at each in more detail.

Non-Molestation Order

The first type of injunction is called a non-molestation order. This is mainly used by victims of domestic abuse where the accused is a family member, someone they have lived with, or someone they are in or have had a relationship with.

A non-molestation prevents the subject from using violence, threatening, intimidating, or harassing behaviour against you or your children. This prohibits them from making contact in person, as well as via telephone, email, and social media. Additionally, they will be prohibited from contacting your or visiting your place of work for any reason.

If you are not married to the subject of the injunction and they have no legal right to your home, then a non-molestation order will prevent them from coming to your house. Otherwise, you will have to apply for a type of injunction known as an occupation order.

Occupation Order

An occupation order can be granted if you own or rent your home and your partner does not have legal right of access to it. It can also apply if your abuser is the homeowner, and the home was intended be your shared or matrimonial home.

An occupation order will demand that the accused move out and/or stay away from the home. They will have to keep a certain distance away from the home and surrounding areas. If the accused is responsible for bill payments on that property, the order can demand that they pay them as normal.

When a court is deciding whether or not to grant an occupation order, they will look at the specific housing requirements of you, your children, and the subject of the order. They will also look at your financial situation and what kind of effect the order is likely to have on all involved. All of these factors will be taken into account when the court is deciding whether or not to grant the order, and how long it lasts for if they do grant it.

Conclusion

Injunctions can be incredibly important legal tools that offer safety to sufferers of domestic abuse. Whether you opt for a non-molestation order, or an occupation order will depend on your personal needs and circumstances. Sometimes, a court will grant both types of injunctions at once to offer the maximum amount of protection to you and your children.