Injunctions

Some extreme behaviour can require an urgent application to the Court to obtain an injunction, whether to prevent certain behaviour or to secure matrimonial assets. We have the expertise and the resources to ensure that immediate applications are made to seek the Courts protection in urgent matters.

We can apply to a Court for an Injunction, on the same day in an emergency.

The Court offers protection to the victims of domestic violence, harassment, pestering or intimidation in circumstances where the perpetrator was “associated” to them. This could include circumstances where:

• the victim and perpetrator were married, are married, are engaged or have been engaged and civil partners
• they live or used to live together
• they are parents of a child
• an associated person could also include a brother and sister, mother and father or other extended family members who have lived in the same household as the victim

The Court can grant various injunctions and/or protective measures such as:

• a Non-Molestation Order to prevent violence, threats of violence or harassing and pestering and molesting behaviour;
• an Occupation Order

A Non-Molestation Order can be made for a defined period of time or until further order of the court and the Courts will automatically attach powers of arrest.

An Occupation Order will exclude someone from the former family home, a zone around the family home or prevent an associated person from coming within a specified distance of it. The Court can also attach powers of arrest to an Occupation Order in certain circumstances.

Where injunction Orders are made, the police can make an arrest if they have reasonable cause to suspect that there is a breach of an order.

In addition to orders there are ‘Undertakings’ (legally binding promises to the Court) that can be made to protect a victim.

A person found to be in breach of an injunction order or an undertaking will be guilty of contempt of Court and can be sent to prison. Breaching a non-molestation order is a recordable offence and the perpetrator will have a criminal record.

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