Here at Gouldingays we will discuss with you objectively the advantages and disadvantages of applying to the court for a freestanding injunction order or an order within divorce proceedings. The Court can offer two types of protection; a non molestation order (personal protection order) and/or an occupation order (an order restricting one party’s right to enter the home or to occupy it).
Occupation orders can sometimes be obtained indirectly through the imposition of bail conditions where one party may have been arrested on suspicion of having committed a criminal offence. If the police impose bail conditions pending the outcome of a case then this will often have the same impact as an injunction.
We specialise in injunctions
This is why sometimes the preferred first step may be to contact the police. The important point is that bail conditions will fall away at the conclusion of a case or when the perpetrator has been dealt with, whereas it may be possible to obtain an injunction to last for longer (6 months or 12 months are typical). From time to time it might be more beneficial to let the Criminal Law take its course, either because there has been a criminal offence such as assault or criminal damage or for you to approach the Police for a remedy under the Protection from Harassment Act.
We understand that it takes courage for women and for men to make disclosures about domestic abuse and power imbalances within a relationship. Above all we will listen and act in accordance with your wishes (meet our team). We will be candid about your prospects of success and open about the process and likely impact upon you of applying for the order and, if necessary, having to enforce it.