Injunctions - What can they do for you?

Women’s Aid report that 1 in 4 women experience domestic abuse in their lifetime and between 1 in 8 to 1 in 10 women experience it annually. Less than half of all incidents are reported to the Police, but they still receive one domestic abuse call every minute in the UK. So what can you do to protect yourself?

Domestic violence is recognised to be violence against a person by any other person with whom that person is or has been in a domestic relationship with.

In adults domestic abuse includes sexual, physical and psychological abuse. In children it amounts to causing them to witness or even putting them at risk of witnessing the abuse.

There are two different types of Injunctions under the Family Law Act, Non-Molestation Orders and Occupation Orders, both of which offer protection to the victims of domestic abuse whether they have been subjected to a single act of violence or a series of incidents.

Non – Molestation orders

A Non-Molestation order is an order from the court which prevents the respondent either from using or threatening violence against a person or encouraging a third person from doing the same or from intimidating, harassing or pestering the applicant and any relevant child.

In addition, non molestation orders may also forbid the respondent from communicating with the applicant via a specific form of communication and/or can forbid the respondent from coming within a certain distance of a property or even that person.

A recent change of law has meant that there is an automatic power of arrest attached to Non-Molestation Orders and therefore if the Police are called out to a further incident then they can immediately arrest the Respondent and charge him/her with having committed a criminal offence.

The maximum penalty for an offence is five years’ imprisonment however Criminal courts may now also impose a range of community sentences such as curfews, drug treatment orders or voluntary activities in addition to custodial sentences.

People who have always been entitled to apply for Non-Molestation orders include spouses, parents, siblings, those who have been engaged within the past three years, etc however the list has recently also been extended to include same sex cohabitants and individuals who have or have been in an intimate personal relationship with each other.

To obtain a non molestation order, an application has to be made to the court. In exceptional circumstances i.e. if the applicant is at risk of significant harm the applicant can apply to the court on an ‘ex-parte’ basis, ie without notice to the respondent.

In usual cases a Judge will hear both parties sides of the stories before making a decision.

Occupation orders

An occupation order fundamentally allows an applicant to return to, stay in, or exclude someone else from their home.

To obtain an occupation order, an application again has to be made to the court.

Courts are extremely reluctant to make an occupation order without notice orders, due to the consequences of such orders i.e. in some cases removing a person from where they live when they have not had the opportunity of telling the Judge their side of the story.

Whilst a Judge may therefore hear a case quicker, it will only make an occupation order without a notice order in the most serious of circumstances for example where the respondent has no right to occupy the property, where they have access to alternative accommodation and/or where there have been serious issues of domestic abuse which has put the applicant at a significant risk of harm.

When considering whether to make an occupation order, the Judge will consider which person would suffer most harm if the order was/was not made together with the other circumstances of the case, ie the parties behaviour towards each other, the housing needs and resources of each party and any relevant child, the financial resources of each party and their health, safety and well-being.

Where people have a right to occupy the house (or where they are married and neither has rights to occupy), the Judge is required to make an order if the person seeking the order is likely to suffer significant harm due to the Respondent’s behaviour if the order is not made – this harm being greater than the respondent or any relevant child is likely to suffer if the order is made.

The court, on the other hand, has discretion for those who don’t have existing property rights.

Breaches of occupation orders have not been criminalised and so, if a person needs further protection, a Judge can still attach a power of arrest to the order where the respondent has used or threatened violence against them in the past.

If you are suffering from domestic violence then please do not suffer alone. Even if you decide not to make an application to the Court, then it is often better to know what your options and legal rights are.

Remember, everyone has a right to live their lives freely and without fear.

Published 23/11/2007. The author of this article is Emma Perkins