Injunctions
An Injunction is a Court Order that requires a person to do or refrain from specific actions.
There are different sorts of injunctions within family proceedings. At Tollers the two main types we tend to assist with are:
- Occupation orders – which is an injunction to have someone removed from the family home and to keep them from returning for a set period.
- Non-molestation orders – which is an injunction to stop someone from using or threatening to use violence or to stop someone intimidating, pestering, harassing, stalking and/or abusing.
How To Apply For An Injunction
In order to apply for an injunction you must be classed as an ‘associated person’, which means that you and the person you wish to take the injunction out against must be associated with each other in one of the following ways:
- You have been or are married to one another.
- You have been or are in a civil partnership with each other.
- You have been or are cohabiting with each other.
- You have been or are living in the same household.
- You are related to each other.
- You have a child/children together – this includes both biological children and any children for which you both have parental responsibility.
- You have been in an intimate relationship for a significant amount of time, but are not living together.
- You are in the process of a court proceeding such as a divorce or child contact, with each other.
The team at Tollers are highly experienced in both obtaining and defending injunctions on behalf of our clients. Having assisted client on both sides of an injunction, the team have the expertise to give advice on the strengths and weakness of an injunction case and whether an injunction is the right thing to do or is a suitable remedy to address the issues being faced. They will advise on the risks and consequences associated with pursuing an injunction.It is important to realise that an injunction is not granted based on hearing only one parties version of events. The Court will want to hear both parties version of events. It means that in injunction proceedings there is likely to be a contested hearing and there will be cross examination of anyone who has provided a witness statement within the injunction proceedings.
Talk to Tollers
The team will prepare you for what the proceedings entail from the first meeting up to and including a contested hearing. It is therefore important that client’s realise if they are going to pursue an injunction that they have the mental strength and resolve to deal with a possible contested court hearing. There are times when Injunction proceedings can be resolved by agreement and again the team can take you through this option and how this possible course can be practically implemented. If you are claiming welfare benefits or other support it may be possible to apply for Legal Aid for some types of injunction legal – this aid is means tested. Unfortunately Legal aid is not a service that Tollers provides, however, a good starting point for identifying a legal aid lawyer would be to visit the website of the Legal Aid Agency who administer legal aid. Click here for more information. If you need assistance or more information on how Tollers Solicitors Family team can assist you.
