Injunctions

InjunctionsAn injunction is an order of the court that requires someone to do or not do something. 

A Non Molestation Order is aimed at prevention of use of or threats of violence against you or a child or intimidation, harassment or being pestered. An Occupation Order is aimed at regulating the occupation of a house and can also restrict someone from entering the surrounding area.

Injunctions are normally for a specified period of time but can be renewed or can be made until further order. There is no limit on the length of time that a non molestation injunction can be extended. Occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home.

You may be eligible for public funding (legal aid) if you are in receipt of benefits or are on a low income. If you are in immediate danger then an application can be made without notice to the other person and the court will consider the application on an emergency basis. However if the order is granted you will have to return to court for a full hearing once the order has been served on the other person so they have a chance to put their side of the story to the court.  You will need to swear a statement or affidavit setting out the reasons for the Injunction. Sometimes the court will not make an Injunction Order but will instead accept an Undertaking from the other person. However this would not normally be accepted where violence has been used or threatened. You do not have to accept an Undertaking.

A Power of Arrest cannot be attached to an Undertaking.

If a Power of Arrest is attached to an order then it needs to be lodged at the Police Station. The police can then arrest immediately if the order is broken.

A breach of an non molestation injunction will automatically be a criminal offence. 

If there is no power of arrest then you have to go back to court yourself and seek to obtain an arrest warrant as the person is in contempt of court if they have breached the order made.

If successful a Power of Arrest is then usually added to the original order.

 

If you require assistance in relation to a possible Injunction please contact us on 0191 213 1010 or on family@mckeagandco.com


Links

www.afamilylawyer.co.uk

www.newcastlefamilylaw.co.uk

www.thefamilylawservice.co.uk