Injunctions exist to either prevent a person from beginning or continuing to do something (usually threatening, intimidating, harassing or violent behaviour), or to compel them to do a particular thing or act. In Family Law, the two most common injunctions are a non-molestation order and an occupation order but equally the court has power relating to property assets in financial claim matters as well as freezing and search orders. If you believe urgent protection from the court is necessary, contact our team.
If you or your child are at risk of violence, or under threat of violence from a partner, spouse or ex, protection from the court should be sought in the form of a non-molestation order. This prohibits the offending party from further threatening, intimidating and harrassing behaviour and if the order is breached, becomes a criminal offence and could lead to their arrest and prosecution.
An occupation order defines who and who cannot live in the home. The court also has the power to exclude a person from the area around the home to ensure the safety of the occupants and often is made in conjunction with a non-molestation order. If the order is breached, it is a contempt of court but these orders can sometimes also carry a power of arrest in the event of a breach.
In Family Law proceedings, the court can make a number or orders and injunctions for various reasons such as to prevent the disposal or transference of assets to defeat a financial claim, freezing orders and search orders. Additionally, civil injunctions can be issued separately. Discuss your injunction requirements in confidence with our team of specialists.