Injunctions & Emergency Relief
“Working with Silk Family Law enabled me to cope at a very traumatic time and achieve a very positive outcome for both me and my children. This has now enabled us to move on with our lives.”
Silk Family Law Client
We act swiftly and decisively to obtain protection against domestic abuse, the removal of children from the jurisdiction and the dissipation of financial assets.
Victims of domestic abuse can apply for a court order called an injunction to:
- protect you or your child from being harmed or threatened by the person who has abused you (a ‘non-molestation order’)
- decide who can live in the family home or enter the surrounding area (an ‘occupation order’)
If the person named in the injunction breaks any of the rules within it, they can be arrested.
Silk Family Law Chartered Legal Executive Emily Bell explains how to protect yourself and the family home from an abusive partner in this video.
What types of abuse are covered by the law?
When we think of domestic abuse, people often think this relates only to violence. However, it can include other types of abuse including psychological, physical, sexual, financial, and emotional abuse.
What should I do if my partner is abusive?
Call the police in the first instance if you or your family are at immediate risk. If you then need legal advice or assistance in – for example – protecting you from an abusive partner or removing them from your home, then a solicitor can help you navigate the legal process involved and arrange representation for you in court if necessary.
What are the legal protections for domestic abuse victims?
The law provides certain protections for victims of domestic abuse. If your partner is being abusive, then there are two types of orders we can apply for through the court to protect you.
One is a Non-Molestation Order. This type of order prohibits a person (the respondent) associated with the applicant from molesting them or a relevant child. Non-Molestation Orders are used to protect a party from violence, harassment and threats. The order can cover a wide range of behaviour.
If you are living with an abusive partner and you feel unsafe living with them, then you can apply to the court for an Occupation Order. The court will consider whether your partner can live elsewhere or change the arrangements in which you live in that home together to make it safe for you and your family.
How does the court decide what should happen in domestic abuse cases?
What are the costs involved in making an application to the court?
The court fee is free, unlike other family applications. Your costs would therefore be the cost of us preparing your application and filing it with the court and thereafter acting for you.
How long does an injunction last?
Injunctions are intended to be a short-term solution. As such, they usually last between 6-12 months. The hope is if you are going through divorce proceedings, or you are making other arrangements for how you live in the family home, then this would just be a short term solution to provide you the protection until those arrangements are in place.
Where can I go for support around domestic abuse?
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