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If you are seeking an injunction over someone, we would recommend that you take immediate advice, as in many situations people will be seeking an injunction because they feel threatened. Do not delay in your actions as the threat of violence can be very real; if you need help now you can contact the police, or if your matter is related to domestic violence and you do not wish to contact the police the women's refuge have a 24hr domestic violence helpline 0808 2000 247
An injunction is a legal order for a person to do or not to do something. these can include: problems with a neighbour acting in an anti- social way, loud noise for example; being harassed or intimidated by a person; to halt work e.g Tree removal. There are many examples.
Most commonly injunctions are used in family law but they cover many other areas.
If you have a non family law matter, we recommend you contact a solicitor to discuss your situation and assess if you are eligible to apply for an injunction.
The remainder of this article will deal with injunctions in Family law.
There are two significant types of injunction under the family law Act passed in 1996.
Occupation orders and non- molestation orders. Occupation orders deal with occupancy, who can live in your home and who can visit your home (and immediate surrounding area). This is often used if you and your partner can not live together and there is a possibility of violence. Non-molestation orders prevent a person from acting towards named persons in any way that jeopardises the health, well being or safety of those persons. Both these types of injunction can carry the power of arrest should the injunction be breached.
You must be associated to the person you are taking out the injunction on, this means that you must be one of the following;
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