Domestic Abuse can be in forms of physical, emotional, psychological and financial abuse. Many people are afraid to express the abuse that they are suffering as they are unaware of the help they can receive. Most victims do not even realise that they are suffering from some form of domestic abuse.

Men and women suffer from domestic violence every day. Our family team at Sunrise Solicitors will help you immediately in obtaining an injunction or an occupation order.

What is an injunction?

An injunction is a court order that a named person should or should not do something. Usually, in family law, people want injunctions against a husband, wife or partner. However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.

What orders can I get?

There are two basic types of injunction the court can make under the Family Law Act 1996:

  1. A non molestation order - This is an order forbidding someone from being violent or threatening you with violence. The order will usually say that a named person is forbidden from using or threatening violence against you, pestering, intimidating or harassing you.
  2. An occupation order - This is an order that someone must leave the home where you live, or allow you to return there if you have already left, or is only allowed to occupy certain parts of the home. The duration of the order depends upon the circumstances of your case. The court will make different orders depending on what rights you have to the property - for example whether you are a lodger or an owner-occupier - and the relationship between you and the other person, known as the Respondent. It will also consider the needs of any children. At Sunrise Solicitors we will advise you about your individual situation.

    This refers to a property (usually the house you are sharing together). Depending on the relationship between the parties, an Applicant may apply to the Court for one or more of the following:

    • to enforce the Applicant’s right to stay in the home
    • to require the Respondent to permit the Applicant to enter and remain in the home
    • to regulate the occupation of the home (for example who may use what parts of the house and
    • at what times)
    • to prohibit, suspend or restrict the Respondent’s rights to occupy the home (and in certain cases
    • to terminate those rights)
    • to require the Respondent to leave the home or part of it
    • to exclude the Respondent from a certain geographical distance away from the home.
    In deciding whether or not to make an order the Court has to consider:

    • the housing needs and housing resources of each of the parties and of any relevant child
    • the likely effect of the Order/not making an Order on the health, safety or well being of the
    • parties and of any relevant child
    • the conduct of the parties

We at Sunrise Solicitors will advise you on who can apply and what will happen when you are applying for an injunction. Your solicitor at sunrise Solicitors will take a full statement and prepare all the relevant documents for you.

Who can apply?

Any person can apply who has experienced violence, abuse or threatening behaviour from another person who is an 'associated person'. An associated person is usually either a relative or a person with whom you have had a close personal relationship, whether or not you have married or co-habited. You can apply for yourself or on behalf of a child. Often, it is helpful for a letter to be written to the Respondent before court proceedings are started. We call this a 'letter before action'.

What happens when I apply for an injunction?

  1. Taking your statement - At the first appointment, your team will take a full statement from you. We will need to take a history of your relationship and details of recent incidents between the Respondent and yourself. Your solicitor may ask you for your written authority, for example, to write to your doctor, the hospital or the police for a report.
  2. Preparation of documents - Your application will be prepared by your solicitor, along with a statement, setting out all the relevant facts of your case. If there are witnesses, your solicitor may also wish to see them to take statements so that further affidavits can be prepared and sworn by them. The application will then be taken by us to the court and a hearing date fixed. This is likely to be about a week ahead, unless your case is so urgent that a hearing same day is required.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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