Domestic Abuse and Injunctions Legal advice on domestic abuse and court injunctions

At Heald Solicitors, we represent clients in a range of abusive situations, and our team have an in-depth knowledge of family law and can take swift action to protect you and minimise harm. We can explain your options to you so that you understand the process and the protection that you are entitled to.

If required we can make an urgent application to the court for an order on your behalf, such as a non-molestation order and/or an occupation order. An occupation order can regulate the terms on which the parties occupy the family home, but if this is not practical, there can be an order to have your partner removed from the family home and/or prevented from re-entering the property or coming within an certain distance of it.

Non-molestation order

A non-molestation order prohibits a named individual from intimidating, harassing, threatening, pestering or communicating with you or, if included your children. It also prevents them from instructing or encouraging anyone else to do so. If the court grants this type of order, it can also order that your abuser does not come within a certain distance of you or your home or place of work.

Once you have a non-molestation order, then the police will be able to intervene if the terms of it are broken. Breach of a non-molestation order is a criminal offence which is punishable by up to 5 years’ imprisonment.

Acts that are prohibited include violence, threats of violence, verbal, sexual or emotional abuse, financial control, coercion, unwanted and continual communication, turning up at your home without invitation and sending threatening or abusive messages.

Occupation order

An occupation order can be applied for to exclude your abuser from your home and the area around it. It is often used together with a non-molestation order.

An occupation order can also give details as to who should pay the mortgage and other outgoings.

If you have been locked out of your home, an occupation order can give you the right to return and the right to stay for a period of time. It can in some instances also specify which parts of the home you and the other party will live in, if you are continuing to share the property.