We can help you apply to the family court for an injunction to protect you and your children. We can do this urgently if there is an immediate and serious risk to you or your children.
To apply for an injunction of this type from the family court, you need to have a specific family relationship with the other person who is abusive. For example you need to be married to them, or parents of the same child, engaged to be married. Both heterosexual and lesbian & gay couples who do not live together and do not have children together, but have been involved in a relationship for some time can also apply thanks to a recent change in the law.
There are 2 types of injunction orders that we can ask a court to make to protect you.
The first is called a non molestation order or injunction. It tells the other person they are not allowed to communicate with you; use or threaten violence against you; they are not allowed to harass, intimidate or pester you, or ask anyone else to do any of these things on their behalf. The court can also order that the other person is not allowed to do any of these things to your children.
Thanks to a change in the law a few years ago, if the other person breaks the injunction, for example by continuing to threaten you or your children; then you can call the police who can arrest and charge the other person. This means that the police deal with punishing them, rather that you having to go back to the family courts to have them punished.
The second type of injunction is called an occupation order or injunction. This type of injunction is also available as an emergency and is often applied for at the same time as a non molestation order. It is an injunction which can order the other person who has been abusive to leave the home, or having left not to re-enter it. If the other person has forced you out of the home, it can allow you to re-enter and exclude the other person. It can also regulate how you live in the home, for example it can set out that you and your partner must live in separate parts of the home. Occupation orders can also exclude your partner from coming within a certain distance of the home. These orders can be made even if the property is owned or rented by your partner, and not you.
This is helpful in cases where you and your children need to be kept safe from abuse but cannot afford or do not wish to leave your family home.
The court can attach a Power of Arrest to an occupation order, so that if your partner breaks the order, for example by coming to your home, they can be brought back before the family courts to be dealt with.
It is important to know that there is help available quickly and that we at Duncan Lewis have a proven track record of obtaining these orders regularly to protect our clients and their children.
To speak to one of our experienced lawyers please call on 0207 923 4020 or visit us at: www.duncanlewis.com. We look forward to hearing from you.