Domestic abuse

What are the protective injunctions available in the Family Court?

An injunction is a court order which tells someone to do something or not do something. Ignoring an injunction (often called “breaching”) has serious consequences and can lead to imprisonment.  

To help ensure that you are not subjected to abuse in the future, you can apply an injunction to stop your abuser from using or threatening violence against you or your children, or intimidating, harassing or pestering you. This is called a non-molestation order. As molestation is not defined, it can be used to stop lots of different types of behaviour even if it is not physically violent, for example, online or text message communications. Breaching a non-molestation order is now a criminal offence and a power of arrest is automatically attached to the order.  

Occupation orders go a step further and set out who can or cannot live in the family home. They often restrict an abuser’s access to the family home or some part of it, and also potentially the surrounding area. Occupation orders can even exclude a property owner from their own property. Breaching an occupation order is not automatically a criminal offence. However, where violence has been threatened, the occupation order is very likely to include a power of arrest meaning, if there is a breach, the police can arrest the abuser.  

With both injunctions, and when deciding whether or not to make the injunction, court will take into account all the circumstances of the case including the need to protect the health, safety and well-being of all those involved, including any children. 

You may hear people talking about without notice applications and with notice applications. Applications for injunctions can be made either with or without notice to your abuser.  When making a court application, you are usually required to let the other person named in your application know that you have made the application before the court has made a decision. This is called “with notice”. There is then usually one hearing which you both get invited to attend and where you both get to put across your version of what’s happened and your arguments about what the court should (or should not) do. “With notice” applications are the most common way of doing things.  

In certain situations though it is possible to ask the court to make a decision on something without letting the other person know you have asked the court to do this. This is called a “without notice” application. The circumstances have to be exceptional to justify a “without notice” application and include where there a risk of significant harm happening to you or a child if the injunction is not made immediately. If a “without notice” application is made, then there are two court hearings. At the first just you attend and you explain to the court what you want and why.  If the injunction is made, then that gets sent to your abuser and you are both then invited to a second court hearing where you each get to put your version of what’s happened across and the court makes a final decision.