An injunction is a court order requiring a person to do or refrain from a specific act. Injunctions in family law are court orders which prevent someone from behaving in a way that may cause harm or upset towards another person or child. Interim injunctions are issued if the situation needs to be dealt with urgently. They can be temporary (interim) or permanent, depending on the nature of the case.
What is an injunction in family law?
An injunction can either be prohibitory, which prevents a person from doing something, or mandatory, requiring a person to do something. Injunctions are granted to protect individuals or children.
What types of injunctions exist in family law?
Non-molestation orders, occupation orders and restraining orders are common typesof injunctions. They are used to prevent somebody from committing acts of abuse or harassment against another person, and to stop people from interfering with someone’s living arrangements.
How do I apply for an injunction?
You can apply for an injunction through your local family court. Injunctions are usually applied with the help of a solicitor. In emergency circumstances, you can apply for the court to make an injunction without the other party knowing (without notice).
How long does an injunction last?
This depends on the type of order that is made. An interim injunction will last until a full hearing can be arranged. A final injunction order will usually last until the court orders it to stop or until a time limit is set in the order.
Can an injunction be enforced?
Yes. If someone breaches an injunction, they can be held in contempt of court, which may result in fines or jail time.
Do I need evidence to get an injunction?
Yes. You will need to provide evidence that there is a risk of harm to yourself or a child. You need to show the need for protection. This can be done by providing evidence such as witness statements, police reports or any other evidence of threats or abusive behaviour.
Can an injunction be varied or lifted?
Yes. If either party feels that there has been a change in circumstances, they can apply to the court to vary or discharge the injunction. The court will review the circumstances before making a decision.
Does an injunction affect child arrangements?
It can. In some cases, injunctions prevent a parent from having contact with a child or restrict certain actions with a parent. The child’s safety and welfare are always considered.