Are you suffering domestic abuse?

A quick guide to emergency injunctions

The word 'injunction' describes any court order that makes someone act or forbids someone from acting in a certain way. An emergency injunction is the informal description for a court order made without notice / ex parte - it means the person you are applying against will not be aware of the injunction until it is served on him/her.  

The three most common kinds of emergency injunction that provide protection against domestic violence are explained here. 

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(1) How it protects you

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• Usually forbids an abuser from:

   · Using or threatening physical violence

   · Intimidating, harassing or pestering

   · Communicating with you (if appropriate)

   · Instructing or encouraging others

• Typically granted for 6-12 months

• Arrestable offence if breached

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(2) When you can apply

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• Applicant and Respondent are associated persons

This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:

   · Partners and former partners

   · Family relations (including in-laws)

   · People who live(d) together

   · People who have children together

• Recent use or threat of physical violence

This entitles you to make an emergency application, usually meaning something within the last 5-7 days (this may be extended if there have been bail conditions or the respondent has been in prison etc).

»  Recent use or threat of physical violence → contact us immediately

(1) How it protects you

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• Regulates the family home, such as:

   · Suspending rights to occupy or visit

   · Evicting an abuser from the home

   · Preventing an abuser from returning

   · 100 metres protection around home

• Can be granted for  6-12 months

• A power of arrest can be attached

(2) When you can apply

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 • Applicant and Respondent are associated persons under the FLA 1996 (see above)

•  Respondent has somewhere else to live (this is not always strictly necessary)

•  Recent use or threat of physical violence

This entitles you to make an emergency application, usually meaning something within the last 5-7 days.

»  Recent use or threat of physical violence → contact us immediately

(1) How it protects you

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• Forbids someone from taking your child away from your care and control 

This order is particularly appropriate when the person threatening to take away your child(ren) is ordinarily allowed to have the care and control of them.

 • No power of arrest attached though police may assist informally. Enforceable in the County Court as contempt of court.

 • Does not necessarily prevent all contact between the child(ren) and the respondent if appropriate in the circumstances

(2) When you can apply

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 • Applicant has parental responsibility under the Children Act 1989 (this includes all mothers and many others)

• Respondent has made a recent direct or indirect threat to remove a child from your care and control

• It is in the best interests of the relevant child(ren) with regard to their overall welfare

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