Applying for an Injunction
If you have experienced domestic abuse, you may need an injunction order to protect yourself or other family members.
Our Family Law Solicitors outline the injunctions available and how they can help you.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Do you need an injunction?
If you have been on the receiving end of domestic abuse and you are concerned that your abuser will continue to abuse you then you may need an injunction to protect you.
Our Family Law Solicitors will talk to you to explore if an injunction order is necessary and to see if the application needs to be made urgently.
There are some situations where you may not need an order. For example, if your ex-partner has left the UK and you do not think they are likely to return or to be able to secure a visa. Alternatively, your ex-partner may have been charged with a criminal offence and the conditions of their bail may prevent them from contacting you. If your former partner is facing criminal prosecution you may still need to apply for an injunction order if the prosecution is discontinued by the CPS or if the eventual criminal sentence does not prevent ongoing contact with you.
If you are in the UK on a Family Visa and your relationship has ended because of domestic violence then our Family Law Solicitors can work with our Immigration Solicitors to make sure that you have the protection needed and the evidence for your indefinite leave to remain application.
What is an injunction order?
An injunction order is made by the family court. It is separate from any decision by the police to investigate and the CPS to prosecute an ex-partner for domestic abuse.
You can apply for an injunction order even if you did not report the abuse to the police. You can also apply for an injunction order if the police decide not to prosecute or just give your ex-partner a warning or caution or if there is a pending prosecution.
An injunction is issued by a family court judge and is a court order requiring your ex-partner (and possibly other family members or their agents) from continuing to abuse you. Injunction orders can also be made to temporarily say whether your ex-partner should be excluded from the family home or if you should be allowed to return there.
Do you need to have started divorce proceedings to apply for an injunction order?
You do not need to have started no-fault divorce proceedings to apply for an injunction. You can apply for an injunction if you are in an unmarried relationship, same-sex relationship, separated but not divorced or after your divorce has come through.
Do you need to be a British citizen to apply for an injunction order?
You do not need to be a British citizen or to have indefinite leave to remain or settled status under the EU Settlement Scheme to apply for an injunction order from the family court. You can be in the UK on a Family Visa, Unmarried Partner Visa, Spouse Visa or other types of visas, such as Work Visas or Dependant Visas, and apply for the protection of an injunction order.
What types of domestic abuse does an injunction order protect you from?
An injunction order will not be too specific about the domestic abuse you have experienced or the behaviour you fear from your ex-partner. Instead, the order will say that your ex-partner cannot be abusive or harass you or instruct others to do so.
There are many types of domestic abuse and a non-molestation injunction order covers all types of abuse, including:
- Any type of physical violence
- Psychological or emotional abuse. For example, telling you that you are stupid or ugly
- Sexual abuse in the form of any unwanted sexual contact
- Financial abuse or coercive control. For example, restricting your access to your salary or telling you what you are allowed to do or when you are allowed to leave the family home
- Threats of abuse
- Honour-based violence
- Dowry abuse
The abuse may not just be by your partner. You may have also experienced abuse at the hands of their family. For example, your in-laws.
A non-molestation order can help stop all these types of domestic abuse. If you need help with an injunction order application, call our Family Law Solicitors on 0203 959 9123.
Injunctions and the family home
If you have experienced domestic abuse or fear it then you may need an injunction order to sort out who can stay at the family home until long-term decisions are made. This type of injunction order is called either an occupation order or an ouster order.
If your ex-partner has made you leave the family home you can apply for an injunction to allow you to return – even if your former partner is the legal owner. You can also apply for an order to oust or exclude your partner from the property. If you cannot reach a long-term agreement about who should stay in the family home then you can make a property claim if you are an unmarried partner or you can apply for a divorce financial settlement if you are married or in a civil partnership.
Protecting your children
If your children have experienced or witnessed domestic abuse you can ask the court to extend the injunction order to protect the children. You can also ask the court to make a child arrangement order setting out where the children will live and any contact arrangements. The contact may need to be supervised or care may need to be taken to ensure that the handover of the children takes place in a public place so there is less risk of any further domestic abuse.
When making a child arrangement order the court will look at what order is in your child’s best interests and consider the impact of the child having been subjected to or witnessing domestic abuse on your child.
Next steps
Our friendly Family Law Solicitors can help you with all your family law needs, including advice on applying for an injunction order, starting no-fault divorce proceedings, applying for a child arrangement order or relocation order, and asking the court to make a financial court order.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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