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What is an injunction?
An injunction is a specific type of court order that the court can serve to prevent an individual from doing certain actions. Often an injunction will be sought on the breakdown of a relationship where one party suffers from threatening behaviour, physical assault or harassment.
At Ansham White we regularly apply for injunctions on behalf of our clients; this is particularly where there has been domestic violence.
Obtaining a Non-molestation Order
If you’re married, in a civil partnership, a family member or sharing parental responsibility and are suffering from domestic abuse, you can apply for a non-molestation order. We are able to assist in emergency orders which can be made without notice. There are various factors that need to be taken into consideration to which we can advise in making a successful application.
We can advise you on non-molestation orders which aim to protect those from suffering from domestic violence.
Obtaining an Occupation Order
Occupation orders often go hand in hand with non-molestation orders. An occupation order is an injunction which gives an individual the right to occupy the matrimonial home and may exclude a person from entering the property in order to offer an individual protection. This is a short-term solution and will not affect what happens to the property in the final financial settlement. The process is the same as above for non-molestation orders.
If the abuser breaches any part of an occupation order and there is a power of arrest attached to it, the breach can be directly reported to the police.
Someone who is found by the court to have breached the order may be committed to prison, fined or given a suspended prison sentence.
If you feel as though your situation would constitute Domestic Violence and you would benefit from applying for an injunction, please contact us today.
Other Family Law Services
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Please note that we are unable to offer Legal Aid.
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