Welcome to our Alphabet Information Series. Today’s topic is I for Injunctions.
What is an Injunction?
An injunction is an Order of the Court preventing someone from doing something such as disposing of assets, being violent or threatening. in family law, an injunction is a Court order that requires someone you are associated with to do or not do something. The two main types of injunctions you can take out under the Family Law Act are:
A Non-Molestation Order
A Non-Molestation Order aims to prevent your current or former partner/spouse from threatening or using violence against you or your child/ren. The order also aims to stop any harassing or intimidating behaviour. The ultimate purpose is to protect your health, safety and well-being, as well as that of your child/ren.
An Occupation Order
An Occupation Order determines who can live in the family home. It can also mean that the other party cannot enter the area nearby.
Do you feel unsafe living with your partner? Or have you left home because of violence? If either of these things are true in your case, and you want to return to the property but exclude your abuser, you may wish to apply for an Occupation Order.
What happens if the Order is breached?
If the Non-Molestation Order is breached, they will be committing a criminal offence and you can get the police involved. The maximum sentence for the breach of a Non-Molestation Order is 5 years imprisonment. However, if you do not wish to begin criminal proceedings you may take them back to the Family Court that made the Order for punishment for breaking the order.
If you already have an Occupation Order, a breach is not a criminal offence, unless you have a Power of Arrest attaching to the Order. Breaching an Occupation Order that has a Power of Arrest could result in imprisonment or a fine. Without a Power of Arrest you can apply back to the Court that made the Order for the offender to be punished/arrested.
Who can apply for an injunction?
To apply for an injunction, you must be an ‘associated person’. This means you and the other party must be connected with each other in at least one of the following ways:
- You are or were married to each other.
- You are or were in a civil partnership.
- You live with each other or used to live together.
- You live or used to live in the same household.
- You are blood relations.
- You are or were engaged to be married to each other.
- You have children together – this may include those who are parents of the same child, as well as those who have parental responsibility for the same child.
- You are in an ‘intimate relationship of significant duration’.
- You are both taking part in the same family proceedings such as custody or divorce.
If you would like more information about Non Molestation Orders and Occupation orders; or if you need advice and help with your situation please contact us on 01246 555610 for a free consultation where one of our experienced solicitors will be able to assist you.
By Administrator on 8 Oct 2019, 09:45 AM