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Injunctions
INJUNCTIONS LAWYER IN BRISTOL, CLEVEDON & PORTISHEAD
If you have been harmed or threatened with physical violence you may appeal for injunctions. Our Injunctions Solicitors in Bristol, Clevedon & Portishead can provide fast and efficient advice.
Usually, in family law, people want injunctions against a husband, wife or partner.
However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.
An injunction is a court order that a named person should or should not do something. Usually, in family law, people want injunctions against a husband, wife or partner. However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.
A Non-Molestation Order
This is an order forbidding someone from being violent or threatening you with violence.
The order will usually say that a named person is forbidden from using or threatening violence against you. Molestation can also cover threatening activities which may not be considered directly violent, such as pestering, intimidation or harassment. These orders can also be extended to forbid the person from pestering, intimidating, harassing, or assaulting your children.
An Occupation Order
This is an order that someone must leave the home where you live, or allow you to return there if you have already left.
In some cases, the order may alternatively state that a person is only allowed to occupy certain parts of the home, or impose other rules on the residence. This order is the most common in cases of domestic violence or harassment. We can advise you about your individual situation.
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Who can I Obtain an Injunction against?
Both Occupation orders and Non-Molestation orders can be taken out against any partner with whom you have had "an intimate relationship of significant duration".
This is regardless of whether or not you are or have been married, or whether you own the property you are living in. Occupation orders are also available to those such as relatives, friends, and unmarried parents of children where both of you own, or otherwise have rights to, a property. Non-molestation orders can be taken out against anyone abusive you've lived with or been in a relationship with, as well as any close family member. If you are under 16, you will require a High Court Order to apply for an injunction..
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What is the process for seeking an injunction?
Not all applications for injunctions are accepted by the court so, particularly if you feel that there is a threat to the wellbeing of you or your children, it's important to put your case together carefully.
Our solicitors can advise you on filling out all the details on your application, which is free to submit, to avoid delays or ambiguities. The application also includes a supporting witness statement. This should focus on the details of the named person's behaviour, as well as the effect they had. If your application is accepted, non-molestation cases are then heard at the family court. They will consider whether protection is needed, whether an alternate remedy may better suit the circumstances, and the behaviour of the petitioner and respondant. In special circumstances, details of the application may be withheld from the person accused of domestic abuse.
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Injunctions FAQs
Some frequently asked questions about occupation orders, non molestation orders, and other court orders.
On what grounds can you get an injunction?
You can generally apply for an injunction if you’re a victim of domestic abuse.
an occupation order, the property concerned can be a property you own or rent, or a property which was or is intended to be your shared or marital home.
For a non-molestation order, the person you intend to take the injunction out against should be a family member, someone with parental responsibility for your child, someone you live with or formerly lived with, or someone you were in a significant relationship with (lasting more than 4 months, or including a marriage or engagement). You may need to provide proof of your relationship. If you’re under 16, you will need permission from the high court.
What are the most common injunctions?
Non-molestation orders between (married or unmarried) couples are the most commonly occurring injunctions.
How much does it cost for an injunction?
There are no application fees for these injunctions. However, you may choose to pay for legal advice or representation.
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