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Injunctions

If there has been any abuse within your relationship and you do not wish to take criminal proceedings then you may be able to get an injunction through the civil courts. 

Any one of the following constitutes a relationship.

1. Are or were married or in a civil partnership.
2. Are or were engaged to be married or had agreed to form a civil partnership.
3. Are or were living together (this includes same-sex and opposite-sex couples).
4. Live or have lived in the same household, (but not as a tenant, or lodger).
5. Are or were in an intimate personal relationship.

An injunction is a “stay away” order, which prevents your abuser from doing certain things (e.g. contacting you) or compels them do things (e.g. to leave the home). It is best to apply as soon as possible after an abusive incident and can help your case if you are able to get medical evidence from your doctor. It may also help in supporting your case to get any other people’s evidence such as school / health visitors / neighbours family and friends.

It is possible for a Court to make a number of orders where domestic abuse has occurred and you need to be protected. The two most common types of injunctions used in domestic abuse cases are;

Non Molestation Orders

This type of order will prevent your abuser from harassing, intimidating or pestering you or any children who live with you. The abuser does not have to have been physically abusive in order to obtain this type of order. If an order is breached a criminal offence will have been committed.

Occupation Orders

This 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) are legally entitled to occupy the property.

Urgent applications for orders

It 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 and means that the court can consider your application without your abuser being in court.  The papers will hopefully be served the next day. 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. You will have to attend this hearing and you may have to give evidence.

Undertakings

If your abuser denies the allegations, the court may hold a trial with both parties giving evidence and being cross examined. An alternative is an Undertaking, in which the person does not admit past behaviour but promises the court not to be violent, molest. Harass or intimidated in the future. An undertaking has the same force as a court order and if breached can be punishable by a fine or prison for up to 2 years .An undertaking avoids a trial but cannot have a power of arrest attached to it. Remember Police Officers cannot arrest if there is only an Undertaking in place so they have less ‘teeth’ than the other two types of orders.

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, in Oxfordshire, Turpin & Miller solicitors are experts in support people to get 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 not eligible for Community Legal Service Funding there is still help available if you do not have access to any money. Some solicitors will allow you to pay fees at a later date or in installments or in some cases may offer their services for free. You are also able 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 and also have a free legal advice line (020 7251 6577). Local domestic abuse 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 partner order - see the section urgent applications for orders). Your solicitor should protect you from unfair or unnecessary questioning and can speak on your behalf. 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.• You will have to attend one or possibly more court hearings before the injunction is granted.

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 conditions of the order?

If your abuser ignores the terms of an injunction and continues to behave abusively you can use the order to protect yourself by calling the Police. You should tell them that you have an injunction and have a copy to show the Police officers who attend. If the injunction has a "power of arrest" the abuser could be arrested if they breach the terms of the injunction. The court can then impose fines and in some cases, can imprison a person who is in breach of these conditions. It is also important to remember that you should take care not to breach the conditions yourself (e.g. by speaking to the abuser if they have been ordered not to contact you).

Where can I get more information?

Legal issues are by their nature complex and advice should be sought. Further free information about injunctions can be obtained from your local domestic abuse 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.

The National Centre for Domestic Violence specialises in helping victims of domestic abuse obtain injunctions from court to protect them from further abuse. Meeting with solicitors and proceeding through the Court system can be a daunting prospect for anybody, but the NCDV aims to make the whole experience fast, friendly and worthwhile. Their free service is available to everybody, regardless of age, race, religion, gender or sexual orientation.

Emergency telephone: 08009 70 20 70
Text: NVDC to 6077
Non emergency telephone: 08709 22 07 04
Website: www.ncdv.org.uk  

Solicitors who can help

Women with no recourse to be public funds

Resources

Civil remedies – injunctions / occupation orders

Injunctions

If there has been any violence / abuse within the relationship then you should discuss with your client whether it is appropriate to take steps to protect themselves.

If your client does not wish to take criminal proceeding or the evidence is not available then they may be able to use the civil court. It is possible for a Court to make a number of orders where Domestic Abuse has occurred and they need to be protected. If you client wants an injunction it is important that they apply as soon as possible after the abusive incident. Get your client to visit their doctor and get medical evidence. It may also help in supporting their story to get any other people’s evidence such as school / health visitors / neighbours family and friends.

What is an injunction?

  • An injunction is a court order which forbids the abuser from doing certain things (i.e. harassing – non molestation order) or makes them to do certain things (e.g. Leave home – occupation order)
  • These orders are obtained via a solicitor and it is advisable that your client speaks to a family law solicitor at the earliest opportunity.
  • The Injunction is set out on court paper and warns the abuser that if he disobeys the terms of the order he risks being sent to prison. Often an Injunction will stop an abuser from continuing the abuse because they will be frightened of being sent to prison, if they disobey it. Sometimes, however, they will ignore the terms of an injunction and continue to behave abusively.
  • This is when your client needs to use the injunction to protect her self. The victim must call the Police and tell them they have an injunction and the abuser is breaching it (continuing with his behaviour even when told by the court to stop). She must have a copy to show the Police who attend. If there is a power of arrest attached to the injunction her abuser will be arrested by the police and ultimately can be sent to prison.
  • There is Legal Aid available for those clients who qualify. This may assist them in paying for the legal services. How ever if your clients are not eligible for Legal Aid, injunctions can be very expensive. A solicitor will be able to tell your client if they are eligible for Legal Aid. Inform your client to take their benefit book or payslips if they can when they visit the solicitor
  • Your Client can apply for an injunction by themselves. This can be quite complicated. ‘Rights of Women’ can give advice – 020 7251 6577 or email info@row.org.uk
  • Injunctions are available via the Civil Courts or through the family proceedings Court which is part of the Magistrates court.

Non molestation

This is an order requiring the offending party (known as the Respondent) not to threaten violence or abuse against your client and also to prevent anyone else being encouraged to, or told to be, violent or abusive towards your client. Secondly, it forbids the Respondent from intimidating, harassing or pestering your client or encouraging anyone else to do so - for instance the order can forbid telephone calls except through a third party.

The order can also make similar provisions in respect to any children. Sometimes it is also appropriate to prevent a Respondent from approaching your client’s home address or coming within a certain radius of that home address or other specified place, e.g. place of work or school.

An order can be obtained within 24 hours and granted immediately without giving warning to the abuser, particularly if your client is vulnerable to harassment or attack, or if the Respondent might avoid service of the paper. (The injunction has to be served on the respondent for it to be active.)

If an order is awarded, your client will be given a copy. If your client’s abuser does not obey the conditions then encourage your client to contact the police and show them a copy of the injunction and the power of arrest document. The Police will want to see it before they arrest anybody.

Occupation order

In certain circumstances it may be appropriate for the court to consider ordering the Respondent (offender) party to leave the home that your client is occupying.

Under the Family Law Act your Client can also apply for an Occupation Order.

This controls who can occupy the property. Your client can apply if they are the owner, tenant or if they have a legal right to live there. The court can order the abuser to be excluded from the home and forbidden to enter, attempt to enter, or go within a specified distance of the property.

The court takes exclusion from the home seriously and rarely grants an order without notice

However, if your client can prove that their abuser lives elsewhere (e.g. through a gas bill or bank statement) they may be able to gain an order. The court will also take into consideration your client’s financial resources, housing needs, the safety of the children and the conduct of each person.

As above this injunction can have power of arrest attached to it and your client needs to keep the paperwork relating to the injunction in a safe place. For an injunction to be active the solicitors will have to make sure that both offender and the Police station are served with a copy. The Police Stations copy will have details of who needs to be contacted should the offender (respondent) be arrested due to him breaching the court order.

Undertakings

If the abuser denies the allegations, the court may hold a trial with both parties giving evidence and being cross examined. An alternative is an Undertaking, in which the person does not admit past behaviour but promises the court not to be violent, molest. Harass or intimidated in the future. An undertaking has the same force as a court order and if breached can be punishable by a fine or prison for up to 2 years .An undertaking avoids a trial but cannot have a power of arrest attached to it. Remember Police Officers cannot arrest if there is only an Undertaking in place so they have less ‘teeth’ than the other two types of orders.

The new Domestic Violence Act will change the way civil and criminal courts work together, but at present this is how victims can use the civil court to protect themselves.

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Help lines

  • National helpline
    (24 hrs)
    0808 2000 247
  • Oxfordshire domestic abuse helpline
    0800 731 0055
  • Police
    (non emergency)
    101
  • Victim support
    0845 450 3883
  • Kiran Asian
    women’s aid
    0208 558 1986
  • Men's advice line
    0808 801 0327
  • Broken Rainbow
    (LGBT)
    020 8539 9507
  • Elder abuse
    0808 808 8141
  • Childline
    0800 1111
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