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.

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Our Injunctions Experts

Sarah-Jane Webbe
Solicitor
Family Law Solicitor Stevenage - Sarah-Jane qualified as a solicitor in 1999 at a high street practice in London. She specialised in family law from the outset...
Sheena Patel
Solicitor
Sheena joined the Family Department of Tollers as a solicitor in December 2019. Prior to joining the firm, she worked at a local family law firm...
Deborah Atkins
Director
Deborah joined Tollers as a Director in August 2019. She qualified as a Solicitor in 1995 and has specialised in Family matters ever since...
Sally Smith
Equity Partner/Family Mediator
Since qualifying Sally has specialised exclusively in the field of family law...
Natalie La Forte-Brown
Solicitor
Natalie qualified in to the Family Department in 2018 having commenced her Training Contract at the firm in 2016...
Minara Hannan
Senior Solicitor
has extensive experience of dealing with family cases that relate to immigration and international assets...
Melanie Grant
Senior Associate
Melanie has trained both as a mediator and as a collaborative lawyer, acquiring useful skills which can validly be applied when dealing with relationship breakdown...
Leonie Press
Associate Solicitor
Leonie undertook a training contract with the firm and qualified into the family department in 2013. She has specialised in family law ever since...
Katie Herrod
Partner
Katie qualified as a solicitor in 1997 and has been a part of Tollers family department for over 20 years. Katie is a specialist family lawyer with extensive knowledge...
Alan Peck
Head of Family Law team
Alan is a Partner at Tollers with over 30 years of experience specialising in family law matters. Alan acts mainly for breadwinners and home makers...
Sarah-Jane Webbe
Solicitor
Sheena Patel
Solicitor
Deborah Atkins
Director
Sally Smith
Equity Partner/Family Mediator
Natalie La Forte-Brown
Solicitor
Minara Hannan
Senior Solicitor
Melanie Grant
Senior Associate
Leonie Press
Associate Solicitor
Katie Herrod
Partner
Alan Peck
Head of Family Law team
Meet the Full Family Law Team

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