Domestic Violence Injunctions
Reasons to choose Wilson Browne
Domestic violence is a crime and should always be reported to the police in the first instance.
The police, or other organisations, may advise you to obtain an injunction if they cannot take any further action at that time. You may also want to consider an injunction if you feel that the measures the police have put in place are not enough.
What are they?
Non-Molestation Orders – this prevents one party from ‘molesting’ the other. Molestation is not defined in the Family Law Act 1996 but includes conduct including assault, harassment, threats and intimidation.
Occupation Orders – this regulates the occupation of the family home. Examples include
- Excluding someone from the property,
- Giving someone the right to remain in the property,
- Requiring permission to enter and remain in the property.
Who are they available to?
Domestic violence injunctions are available to those suffering physical, sexual, emotional or financial abuse.
The person you are making this application against must be an ‘associated’ person as defined in S62(3) of the Family Law Act 1996. They include a spouse or ex-spouse, civil partner or ex-civil partner, fiancé or ex-fiancé, family member, someone you currently or used to live with and the other parent of your child.
A Judge will decide if an order is necessary, how long it will be in place and the conditions of such an order.
Application
Applications are made via an FL401 form, and there are no court fees for an application of this nature.
Applications for domestic injunctions are quite lengthy (over 20 pages) and include the requirement for a witness statement to be included. Therefore, it’s best to seek legal advice to avoid making any mistakes that could delay the injunction being granted.
It is possible to make the application without the other party knowing. This is something known as an ‘ex parte/without notice’ application and is used where the person making the application would be put at risk of harm if the other party was made aware.
It’s important to note that whilst the court may make temporary orders from an ex parte application, they will not make final orders. The other party will be invited to court to give their views on the application at a later date before a final order can be made. The temporary order will remain in place until the court makes a final order or discharges it.
Legal Aid
Legal Aid is available for these proceedings where the applicant receives certain benefits or has a monthly household income under £2657*.
*This figure will vary depending on additional income or deductions and can be changed by the Legal Aid Agency.
