An injunction is an Order of the Court directing a person not to carry out a specified act or not to carry out a specified act.

In domestic violence matters, one can apply for either a non-molestation order or occupation order, or both. One can issue an application if they satisfy certain conditions relating to the associations of the parties. A person is said to be associated if:-

• Married;
• Those who have entered into a Civil Partnership;
• Cohabiting;
• Two persons living in the same household;
• Relatives;
• Two persons who have agreed to marry;
• The parties are parents of a child or have Parental Responsibility for a child;
• Parties to the same family proceedings.

An application or a non-molestation order can be made on a without notice basis (known as ‘ex parte’) if there is an imminent threat of violence if the other party were to be made aware of the application before an Order is made or on a with notice basis (‘inter partes’).

A non-molestation order can direct that a person is forbidden to harass, intimidate, pester, threaten or assault the applicant. If there has been violence it is possible to attach a power of arrest to that order. This means that if, after the grant of an Order, the aggressor threatens to assault or assaults you, they can be arrested by the police provided the police have reasons to believe . The arrested person will be brought before the Court.

An occupation order is an order, which regulates the occupation of the family home and determines who should live in the family home. An order is granted if the Court believes that one has been subject to violence. An order can also request that a person leave the family home and not return. An order can direct a person;-

• Allow the Applicant to stay in the home;
• Request the other person to leave the property and not return;
• Prohibit, stop or limit the other person’s right to occupy;
• Remove/exclude the other person from a specified part/area of the property;

Balance of Harm test - One must prove that:-

• the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the other party if an Order is not made;

The Court shall make an Order unless:-

• the other party is likely to suffer harm; and
• The harm likely to be suffered by the other party is greater that the harm attributable by his conduct.

When the Court decides whether to grant an Order, it must take into account:-

• the housing needs and resources of the parties and any child;
• the financial resources of the parties;
• the likely effect of an order on the health and wellbeing of the parties and any relevant child;
• the conduct of the parties in relation to each other.
• The length of time that has passed since the parites last lived together;
• The existence of other family proceedings.

If an order has been breached, the matter can be brought back before the Court for a further order, such as an order for committal. The Applicant will either issue a warrant for the arrest of the Respondent, who is then brought before the Court, or issue committal proceedings, and a hearing date is set. A person who is found to have breached the terms of an injunction is guilty of Contempt of Court.

Important

If you, or any of your children, are at risk of violence or have been assaulted, please call the police immediately on 999. If you need to leave your home then please contact Women’s Aid emergency helpline on: or visit the website at www.womensaid.co.uk.

There is available a sanction in criminal law proceedings under the Protection from Harassment Act 1997. Proceedings will take place in criminal court.