Injunctions
| A non-molestation order | Orders your spouse/partner not to assault, molest or otherwise interfere with you (or your children). “Molestation’ includes repeated telephone calls, as well as other forms of harassment. |
| An occupation order | Can order an abusing spouse/partner to leave the home and /or not come within a specified area around it (for example 100 yards around the home). An occupation order can also allow a spouse/partner back into the home if she/he has left it out of fear of violence and can order the abusing spouse/partner to let her/him back in (and possibly require him/her to leave too). The court may make an order confining a person to a defined part of the home. |
Once the papers are filed, the court will fix a time and date for the hearing and then the respondent has to be served with the papers. The respondent is entitled to two clear working days notice of the hearing.
Once the respondent is served, he/she should produce a sworn statement replying to the allegations. He/she can suggest solutions such as alternative accommodation, or explain the possibility of remaining in the same house.
Normally the respondent has to be told that you are applying to court. This is a ‘with notice’ application. An application `with notice’ for an injunction is usually heard very quickly – normally within a few days. However, if the circumstances justify it, you can get an application heard almost immediately, `without notice’, as long as there is time to prepare a sworn statement. At Hylton-Potts we have huge experience and skill in obtaining the very fastest injunctions.
Usually the Judge requires evidence of fairly severe physical violence or intolerable abuse before an occupation order is granted. When making an order, the judge has to weigh up the balance of harm as between the victim (and children if they are affected too) and the abusing spouse/partner. In some cases this will mean that the court will want to see whether the abusing spouse/partner will have accommodation to go to if they are ousted from the family home.
Injunctions can be limited to a specific period, for example, three months, or in more severe cases, they may have no time limit. If you are reconciled and resume cohabitation, the injunction can lapse.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
