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Emergency Numbers: 999 (Dial 55 while on the line if you cannot speak), ESDAS: 01737 771 350
An injunction is a court order which protects you or your child from being harmed or threatened by the person who has abused you – this is called a ‘non-molestation order’. An ‘occupation order’ decides who can live in the family home or enter the surrounding area.
Before you apply, you can check if you’re eligible for a non-molestation order or an occupation order.
The person named in the injunction can be arrested if they break it.
A non-molestation order will prevent an abuser from harassing, intimidating or pestering you or any children who live with you. The abuser does not have to have been physically abusive in order to obtain this type of order
An occupation order will establish who has a right to stay in the home. In order to apply for this type of order, you will need to know if you or your abuser (or both of you) are legally entitled to occupy the property.
More information can be found here.
It may be possible to make an application called an ‘ex-part’ application without informing your abuser. The court will need to be persuaded that you or your children are at risk of significant harm. If this type of order is granted, the court will still need to hear from both parties and a date for a full hearing will be set.
We can support and advise you, so that you understand exactly what getting an injunction will involve and what you should expect.
You can self-refer or be referred for help with an injunction to any of the following:
National Centre for Domestic Violence | Domestic Violence Assist | Courtnav
More information is also available from:
Rights of Women “Domestic Violence Injunction Handbook” which provides step-by-step advice on filling in the forms.
Or call the free legal advice line on 0207 251 6577.
Legal Services Commission offers free legal advice on:
Telephone: 0845 345 4345
Even if you have experienced domestic abuse, taking the decision to separate or divorce can be difficult and complex. It is important that you seek advice and support about the best course of action for you, either through a Solicitor experienced in domestic abuse issues or through ESDAS.
Get further information on your rights and options here or email us: support@esdas.org.uk.
