Domestic Violence Injunctions

There are two main types of injunctions which can be obtained in domestic violence cases. These are:

  1. A Non-Molestation Order
  2. An Occupation Order

Sometimes these orders can be applied for without giving notice to the other party. It is only when they have been served with the Order that they become aware of the injunction, by which time it is already legally enforceable.

In order for you to apply for an order against someone else you must be an ‘Associated Person’. This means that you must be related to each other in one of the following ways:

  • You are or have been married to each other.
  • You are cohabitants or former cohabitants (of the opposite sex)
  • You live or have lived in the same household (but not just as employee, tenant, lodger or boarder).
  • You are relatives.
  • You have formally agreed to marry each other.
  • You are both the parents of the same child or have had parental responsibility for that child.
  • You are both involved in the same family proceedings (e.g. residence).

Please note that there are additional requirements that need to be satisfied when applying for an Occupation Order.

What is a Non-Molestation Order?

This is a Court Order to prevent an ‘Associated Person’ from using or threatening violence against you or your child, or intimidating, harassing or pestering you.

What is an Occupation Order?

This is an Order which determines who can live in the family home. If you do not feel safe to continue living with your abuser, or you have left home because of violence but wish to return and exclude your abuser, you may be able to apply for an occupation order. You can also apply to restrict the person against whom you are taking out the order from the home and/or surrounding area. Here at Kale and Co we can advise you as to which order to apply for, prepare all necessary paperwork and ensure you are represented at the various hearings.

For more information call us on: 01902 772 500 or contact us.