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Domestic violence and injunctions
There are two types of family injunction available and both require the parties to be "Associated Persons". This means they must have some sort of family link such as marriage, living together or having lived together as a couple, siblings, parents, grandparents etc. If you cannot establish any sort or family link, you will have to rely on the "Protection from Harassment Act" 1997 which is also something we can assist you with. The two types of injunction are as follows:
A Non-Molestation Order - an injunction preventing someone being violent, threatening violence or communicating in any other way with a specified person. It is used to protect an individual from another person who has been threatening or violent towards them and from whom they require protection. Once the order is made, it is enforced by the police and any breach of the terms therein will likely result in the person being charged and brought before the Magistrates Court to answer criminal proceedings. The punishment can range depending on the severity of the breach. It is serious in nature and requires formal written evidence to be filed with the application setting out the reasons why the person needs protection.
An Occupation Order - an injunction preventing a certain person from returning to or living at a property at which the applicant is living. It is a contempt of court to breach the injunction order and the person will likely be brought back before the County Court to answer contempt charges. This could result in prison and/or a fine.
In the event that you have been, or you fear that you will be a victim of domestic violence, we would urge you to contact the police in the first instance as they will immediately respond to provide you with assistance. In the longer term, if you require ongoing protection, a member of our family team will be able to assist you with bringing an application before the Family Courts to obtain either of the above orders. You may be entitled to Legal Aid to assist you with this. Conversely, you may be on the receiving end of an injunction application and we will be able to provide you with advice and representation in respect of this.
If you require assistance in either bringing or defending an application for an injunction please contact us immediately. All conversations will be treated in confidence.
Please contact our Family Law Team by telephone for free initial advice: 01392 209209.
If you choose to email, please provide a contact telephone number and we will call you at the earliest opportunity.
Nick Dudman, Director: 01392 209210. Email email@example.com
Susan Jury, Solicitor: 01392 209212. Email firstname.lastname@example.org
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