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The word ‘injunction’ describes any court order that makes someone act or forbids someone from acting in a certain way. An emergency injunction is an 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 most common kind of emergency protective injunction is a Non Molestation Order which is what we specialise in. Other court orders include Occupation Orders and Prohibited Steps Orders which if you meet the eligibility and supporting evidence criteria your solicitor will be able to apply for.
Usually forbids an abuser from:
Using or threatening physical violence. Intimidating, harassing or pestering you. Communicating with you (if appropriate). It will also forbid an abuser to instruct or encourage others to do these acts.
In some circumstances, it can also include a clause preventing the abuser from coming within a certain distance of your home
Typically granted for 6 – 12 months. Arrestable offence if breached.
Applicant and Respondent are associated persons
This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:
The recent use or threat of violence would enable you to make an emergency application. This usually means an incident within the last week (this may be extended if there have been bail conditions or the respondent has been in prison etc).
Regulates the family home, such as:
Recent use or threat of physical violence → contact us immediately.
Recent threat to take your child → contact us immediately