How do I apply for an injunction?

Posted onApril 8, 2021

If you are experiencing domestic abuse in your relationship you may need the protection of an injunction order. In this blog, experienced domestic violence solicitor, Behzad Sharmin, looks at how to apply for an injunction order.

Online and London based domestic violence solicitors and family lawyers

If you need help with applying for an injunction order call the OTS Solicitors family law team in confidence on 0203 959 9123 or complete our online enquiry form . We can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable family law solicitors.

Applying for an injunction order

Many people who are experiencing domestic abuse in their relationship aren’t sure if they can apply for an injunction order or not. If you are being abused or are being threatened with domestic violence it is best to speak to a family solicitor to see if you can apply for an injunction order and to get advice on how an injunction order can help you and protect your children.

Some people think they can't apply for an injunction order because:

They are not married – they are in a cohabiting relationship.
Their partner hasn’t hit them but their partner has kept threatening violence or their partner is emotionally abusive or financially controlling.
They are not a British citizen and are living in the UK on a spouse visa or a work visa.
They are not sure if they want to get divorced and believe that you have to start divorce proceedings at the same time as applying for an injunction order.
They are in a same sex relationship.
They are a man and they are experiencing domestic abuse from a female partner.
They haven’t reported the domestic violence to the police.
They don’t have a witness to the violence or threats.
If they obtain an injunction order it means that their partner or spouse won't be able to have any contact with the children.
If they secure an injunction nothing will happen if their partner breaches the injunction order.
They can't get an injunction order because their partner or husband or wife or civil partner owns the family home so the court won't order their partner to leave the family home.
The court won't believe them.
The family court isn’t open because of COVID-19.

All of these are wrong. That’s why it is best to take legal advice so you understand your legal rights and how you can apply for an injunction order.

When you are in a relationship and experiencing domestic abuse, it can be very easy to lose your confidence and think that there is no help or that the law can't help you in your circumstances. A domestic violence and family solicitor can advise you on how the law can protect you and your children.

Making an injunction order application

To apply for an injunction order you need to:

Decide on the type of injunction order you need – this could be a non-molestation order or an occupation order (also called an ouster order) or both types of injunction. You may also want to apply for a child arrangement order or a prohibited steps order to protect your children.
Complete an application form and prepare a statement in support of your application – your domestic violence solicitorwill prepare the application and statement for you.
File the application at court and get a court hearing date – the hearing could be on notice to your partner or your partner may not be told about the first court hearing.
Attend the court hearing – the hearing may take place at a court or over the phone. Your domestic violence solicitor will prepare you so you know what to expect at the court hearing.
Serve the application and order on your partner and send a copy of the order to the police. Your domestic violence solicitor will arrange service of the order on your partner and will advise if there will be a second court hearing.

What is a non-molestation order application?

A non-molestation injunction application is made under Part IV of the Family Law Act 1996 and protects you (and, where relevant, your children ) from harassment and domestic abuse. The order can also stop your partner from encouraging a third party (such as a family member or their friend) from harassing you.

What is an occupation order application?

An occupation injunction order can:

Let you return to the family home or
Oust your partner from the family home or
Prevent your partner returning to live at the family home or
Restrict your partner’s occupation of the family home to certain areas or rooms.

An occupation order doesn’t last for ever and doesn’t change the legal ownership of the family home. An occupation order is intended to protect you from domestic abuse if a non-molestation order isn’t sufficient and to give you the time to sort out what should happen to the family home and its future ownership. For example, if you are married or in a civil partnership, you could apply for an order for the sale or transfer of the family home into your name. If you are in a cohabiting relationship you may have property law rights and legal claims over the family home that you are not aware of.

You don’t need to be the legal owner of a property to be able to apply for an occupation order.

Online and London based domestic violence solicitors and family law solicitors

If you need help with domestic abuse and applying for a non-molestation order or an occupation order call OTS Solicitors on 0203 959 9123 or complete our online enquiry form so we can set up a video or telephone appointment for you with one of our specialist family law solicitors.

How can OTS Solicitors help you

If you haven’t taken family law legal advice before you can worry about calling a family solicitor. Don’t worry, a domestic violence solicitor is there to help you and your children get the help you need. Here is what people say about OTS Solicitors domestic violence and injunction law services:

22 October 2020 -Non-Molestation Order

I can say from my experience with OTS Solicitors that the service provided to me was professional, caring, kind and excellent. I would recommend OTS.

10 August 2020 -Injunction, Occupation Order and Non-Molestation Order

I would like to take this opportunity to thank you immensely. You have been working very hard on this, even through the night! And I am most grateful to you for that.

I am very blessed to have such a great professional dealing with what is most important for me and my children at this sensitive and difficult time.

From the first time I spoke to you on the phone you gave me the confidence I needed; you were honest and to the point. I understand this is just the beginning and the outcome of it is still unknown, but I feel privileged to be represented by you.

Online and London based domestic violence solicitors and family law solicitors

For help with domestic abuse and applying for a non-molestation order or an occupation order call Behzad Sharmin and the family law team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form so we can set up an appointment for you.