- How do I get an Injunction?
- What if I live with the person I wish to have the injunction against?
- How long can I have the injunction for?
- What if the Respondent breaks the Injunction?
- What if I have children with the Respondent?
- What if I do not have the Respondent's address?
- Will I have to go to court?
- How long does it take for an Injunction to be processed?
- What if the respondent harasses other members of my family?
- What are the likely costs?
Q1. How do I get an Injunction?
You will need to complete an application form, prepare a statement and attend Court without telling the Respondent what you're planning to do. You will go before a Judge for approximately 10 — 15 minutes who would have read your statement and application form and decided whether you meet the merits for a Non Molestation Order.
Q2. What if I live with the person I wish to have the injunction against?
Then you will also want to obtain an Occupation Order which can be applied for on the same application form as your Non Molestation Order. The Occupation Order will order the person to move out of the property and/or not return to the property.
Q3. How long can I have the injunction for?
This will differ case to case - most commonly it is between 6 — 12 months.
Q4. What if the Respondent breaks the Injunction?
There is a power of arrest attached to a Non Molestation Oder and Occupation Order therefore if the terms of the order are broken by the Respondent then they can be arrested and brought before the Courts whereby dependent on the matter they will receive a warning, fine or custodial sentence.
Q5. What if I have children with the Respondent?
You can still obtain protective orders and if you consider that your children are in danger or have been subject to harm already then you may request that they too be protected by the orders.Back to top
Q6. What if I do not have the Respondent's address?
Whilst you may not know exactly where the Respondent is living you will need to know their whereabouts as the orders will not be live until the Respondent is personally served with the documents — quite simply, they cannot know they are breaking terms of an order without first having sight of them.Back to top
Q7. Will I have to go to court?
Yes you will need to attend Court to obtain your injunction. The first time you attend you do not tell the Respondent you are going as it is assumed that if the Respondent knew you were getting an order such as this against them they may do or say something to hurt, intimidate or harass you. Some Judges direct for the matter to return to Court at a later date so that the Respondent can attend and put their versions of events forward [the Injunctions Orders are likely to still be made at the first hearing so you would still be protected]. Otherwise there is a direction which gives the Respondent 72 hours to make an application to Court if they want to contest the order at a new hearing.Back to top
Q8. How long does it take for an Injunction to be processed?
You will need to wait at Court whilst your Orders are being prepared. This will be done at the Court office and could take an hour or so, but you must make sure that you do not leave Court without your orders.Back to top
Q9. What if the respondent harasses other members of my family?
The order is primarily made so that the Respondent does not harass or intimidate you, therefore if the Respondent starts to harass other members of your family then they must telephone the police to inform them of what is happening. Harassing your family however is an inadvertent way of harassing you also, therefore you too should telephone the Police to report the matter and inform them that the Respondent is breaching the terms of the order at which point the police will decide whether there are merits to arrest the Respondent.Back to top
Q10. What are the likely costs?
The application fee for a Non Molestation/Occupation Order is free. A solicitor will charge approximately £500 — £1,500. LawGap DIY packs offers you the step by step guidance on representing yourself during these proceedings.Back to top