At JMR Solicitors, we can help you to apply for any type of injunction and will help you to understand the best course of action for your situation. We will always endeavour to handle your case with discretion and empathy and will strive to gain the best possible outcome for your situation. The most common situation for the use of injunctions is in domestic abuse cases between partners, either married or unmarried.
Non-molestation orders for an injunction:
In cases of domestic abuse, an application for a non-molestation order can protect a partner and any children involved. Once the court has granted this order, any breach will result in the arrest for the person the order is against. For this purpose, ‘molestation’ is used to mean harassment, pestering or interfering with you or any children involved. It also means any type of assault made against you or your children, including threats and attempted assault even if no harm or injury resulted from these.
These orders can also protect you from any other person who your partner may tell to harass, pester, molest or assault you or any children involved.
Occupation orders for an injunction:
These types of orders decide who can and cannot live in the home after there has been any domestic abuse. In the short-term, they can allow you to stay in the home if your partner is trying to force you to leave or allow you back into a home that your partner has already forced you to leave. They can also prevent your partner from entering the home as a whole, certain areas of the home, and the surrounding areas. Occupation orders can also be used to impose rules about living in a home that you and your partner must abide by.
Power of arrest attached to an injunction:
Power of arrest can be attached to an injunction to allow the police to arrest your partner if they breach the terms of the injunction against them. To obtain this power, you will need to show that the partner you intend to get an injunction against has been violent towards you or your children, that they have threatened to use violence against you and that they are likely to do so again.
Under UK law, all mothers automatically have parental responsibility of their children from their birth. A father will automatically have parental responsibility if he is married to the mother. In cases where the father is not married to the mother, parental responsibility can be applied for by registering on the child’s birth certificate as the father (from 1 December 2003), getting a parental responsibility order from a court or by coming to a parental responsibility agreement with the mother.
Having parental responsibility means that you are responsible for protecting and maintaining the child and providing the child with a home. You will also be responsible for the discipline of the child, choosing or providing for the education of the child, naming or agreeing to the change of name for the child, looking after their property and agreeing to their medical treatment. As a parent, you have to provide for your child financially, even if you do not have parental responsibility.
JMR Solicitors can help with any type of application or agreement with regards to parental responsibility and will treat your case with discretion and empathy.
What is the difference between a restraining order and an injunction?
First, the similarities – the restraining order and injunction is both a court order, which tells someone not to do something. This can be effective for domestic violence victims, who might want to ensure the perpetrator cannot come near them.
The difference between an injunction and restraining order is that a restraining order required a criminal case to have been completed, as it is issues at the end of the case, but for an injunction, this is not needed. You may ask the court for an injunction even if someone has not been formally charged with a criminal offence.
How do I know that I’ll be granted the injunction?
Prior to granting an injunction, the court will look at three principles on which to base their decision, which are:
- There is a presence of substantial cause of action, which means the other party it threatening to invade or has already invaded your equitable rights.
- If the court thinks that it will be fair and convenient for the injunction to be granted
- If damages would not make an adequate compensation in a redress for the dispute.
What should I do if I am served an injunction?
If you are on the receiving end of an injunction, then it is vital that you seek legal advice straight away.
The last thing you will want to do is breach the terms of the injunction, as this can be punishable under contempt of Court, sometimes leading to imprisonment. We can advise you on the next steps. Please contact us at firstname.lastname@example.org