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East Surrey Domestic Abuse Services
INJUNCTIONS
WHAT IS AN INJUNCTION?An injunction is a court order, which forbids an abuser from doing certain things (e.g. contacting you) or compels them do things (e.g. to leave the home). The two most common types of injunctions used in domestic violence cases areNON-MOLESTATION ORDERSThis type of order will prevent an abuser from harassing, intimidating or pestering you or any children who live with you (or who could be expected to live with you). The abuser does not have to have been physically abusive in order to obtain this type of order.OCCUPATION ORDERSThis type of order will establish who has a right to stay in the home. An occupation order can order an abuser to move out of the home or to keep a certain distance from the home. In order to apply for this type of order, you will need to know if you or your abuser (or both of you) is legally entitled to occupy the property.URGENT APPLICATIONS FOR ORDERSIt may be possible to make an application to the court immediately without informing your abuser if you are able to persuade the court you or your children are at risk of significant harm. This type of application is called an ex parte application. If this type of order is granted, the court will still need to hear from both parties and a date for a full hearing will be set.HOW CAN I GET AN INJUNCTION?Injunctions are issued by Civil Courts (the High Court, some County Courts and the Family Proceedings Court, which is part of the Magistrates Court). Solicitors deal with most applications for injunctions. If you are in receipt of certain benefits or on a low income you may be able to apply for Community Legal Service Funding (which has replaced "Legal Aid") to cover some or all of the cost of obtaining the injunction. If you are not in receipt of benefits, the cost of obtaining an injunction is likely to be in the region of £1,500 - £2,500. If you are unable to get Community Legal Service Funding and cannot fund the application yourself, you may wish to apply for an injunction without using a solicitor. Rights of Women produce a "Domestic Violence Injunction Handbook" giving step-by-step advice on filling in the necessary forms. Rights of Women also have a free legal advice line (020 7251 6577). local domestic violence outreach workers will be happy to offer help in completing the forms and can support you through the application process.WILL I HAVE TO ATTEND COURT?In order to obtain an injunction, you will have to attend court and so will your abuser (unless you are applying for an ex parte order - see the section URGENT APPLICATIONS FOR ORDERS). Your solicitor should protect you from unfair or unnecessary questioning. You can take family members, friends or an outreach worker to support you, although they will probably have to wait outside the courtroom whilst your application is being heard.HOW LONG WILL AN INJUNCTION LAST?The court will normally make orders for a specified length of time (e.g. a Non Molestation Order will normally last for six months). The order will not provide a long-term solution to your problems, but should give you time to seek more permanent solutions.WHAT HAPPENS IF AN ABUSER BREACHES THE TERMS OF THE INJUCTION?If the injunction has a "power of arrest" the abuser could be arrested if they breach the terms of the injunction. The court can impose fines and in some cases, can imprison a person who is in breach of these conditions. It is also important to remember that the person applying for the order should take care not to breach the conditions (e.g. by speaking to the abuser if they have been ordered not to contact you). Legal issues are by their nature complex and advice should be sought. Further free information about injunctions can be obtained from your local domestic violence outreach workers, the Citizen's Advice Bureau (CAB), Rights of Women Legal Advice Line (0207 251 6577), or from solicitors offering the Community Legal Service.If, having read this leaflet, you have more questions contact your local domestic violence outreach service on 01737 771350 and we will be happy to help in whatever way we can. |