If you are receiving harassment or are subject to intimidation you may be entitled to make an Application to the Court for an Injunction. We have a Team of Lawyers who are able to deal both sympathetically and thoroughly with issues of domestic abuse and can advise with regards to any appropriate Application which may be made to the Court.
So what is an injunction?
Injunctions can take two forms or be a combination of both.
- Non Molestation Orders
- Occupation Orders.
This orders your opponent alone, with, or through others, to stop abusing harassing, pestering, intimidating or being violent towards you.
To obtain this order you would have to convince the Court that there has been violence or threats of violence or abuse, that you are afraid and the behaviour is likely to be repeated. Therefore it is important you apply quickly after the last incident complained of.
Under new legislation a BREACH OF A NON-MOLESTATION ORDER IS AUTOMATICALLY A CRIMINAL OFFENCE
This deals with who can live in the home. The Court has various powers depending on whether or not you are entitled to occupy the home. The Court can grant an order to exclude your opponent from the home and/or an area round it. This is a very serious step and the court must consider the balance of harm just to decide which of you should stay in the home. Various other orders can be requested such as an order that your opponent should pay towards the upkeep of the house. The Court may attach a Power of Arrest to the Occupation Order which gives the police the power they may not have otherwise to arrest your opponent immediately should he/she breach the order.
Can I apply for these Orders?
You may apply for one or more of the above orders if you are or have been in one of the following relationships:
- Those who have been or are married to each other including a civil partnership
- Co-habitants and former co-habitants
- Those who have lived in the same household (other than as employee, tenant or lodger)
- Those who have agreed to marry one another
- Those who have had an intimate relationship of significant duration
- If both are parents or have parental responsibility for a child
- Those who are party to the same family proceedings
- Where one person is the natural parent/grandparent of a child who has been adopted and the other is an adoptive parent
- Close relatives
In the event you are subject to domestic violence and you require advice and assistance then please contact the office to arrange an appointment. You will also be assessed for eligibility to receive assistance under the Public Funding Scheme.
It would assist if prior to your first appointment you are able to set out in the fullest possible detail all incidents of violence or threatened violence or aggression and to identify when all those incidents took place.
If the Police are called to any incident then it is important to record what occurs and if possible identify the Officer who attended and what they did ie give a warning or arrested and later released or charged.
If you want an Occupation Order it would help to set out specific details of where your opponent could live.
How do I apply?
When you give us your detailed written account we will draft a full Statement and contact the Court to arrange an appointment as quickly as possible. In an emergency or extreme case this may be before any notice is given to your opponent. This is known as an Ex Parte Application. We shall represent you to ask for the necessary Orders to preserve your safety. If the other party (known as the Respondent) did not have notice of this hearing it is vital that you do not tell anyone about the hearing if they could pass the information on.
There must be a second hearing called a return hearing which the Respondent must have notice of and may attend and you must attend.
In order to obtain advice and to arrange an appointment please contact us.