An injunction is a Court Order intended to protect individuals who have been the victim of domestic violence. The family Courts have the ability to make two types of injunctions:
1. A Non-Molestation Order- an Order for protection in respect of violence, threats of violence and pestering.
2. An Occupation Order- an Order regulating the use of a property which may also include the immediate surrounding area.
Please note that if you are subjected to or at threat of physical violence you should contact the police immediately.
The government’s current definition of domestic abuse extends further than mere physical violence; it includes:
“any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality”.
This therefore includes psychological, physical, sexual, financial and emotional abuse.
If you are subject to domestic abuse, taking into account the circumstances, you have to decide whether to take court action, or whether other remedies may be more appropriate: for example sending a warning letter, involving the police or moving to a safe environment such as a refuge or Local Authority housing.
If you decide you wish to take court action, you can apply for a Non-Molestation and/or Occupation Order against ‘associated persons’. Please see our Resources for further information.
In the event that there has been a recent use of threat of physical violence and you feel that you are in imminent danger than an emergency application can be made without notice. Please see our Resources for further information.