Sometimes people want to try and gain some protection from the person who is abusing them by applying for a civil injunction or protection order. Injunctions are court orders which might tell a person that they are not allowed to do a certain act. The common areas in which injunctions are applied for is when a relationship has broken down and one party is harassing, threatening or assaulting the other. These injunctions are known as "Domestic Violence Injunctions".

An injunction is a court order that requires someone to do, or not to do, something. There are two main types of injunctions available under Part IV of the Family Law Act 1996:

• A non-molestation order
• An occupation order

Whilst getting a court order may provide some protection, it isn't always helpful if the person it is made against refuses to obey it or it isn’t served on that person, and sometimes it makes very little difference, and it can even (in a number of cases) be counter-productive.

This is an order to stop the person who is abusing you "molesting" you or your children. Molesting means harassing, pestering or interfering with you or your children in any way, and also includes assault. "Assault" can mean pushing, punching, slapping, throwing objects, spitting at you etc. The order can also extend to cover anyone else who your partner may tell to molest, harass, pester or be violent towards you or your children.

It is important to know that a breach of a non-molestation order is now a criminal offence; however, a victim can also take the case back to the civil court if the order is broken if they prefer to do so or if the police for whatever reason fail to take action. It is really important to try and ensure that at the same time as any If you already have an injunction, you may have a power of arrest attached, and you can also have powers of arrest attached to an occupation order. These powers come into effect if your abuser breaks the order (see below, Powers of arrest.)

An occupation order regulates who can live in the family home, and can also restricts an abuser from entering the surrounding area. Where a victim does not feel safe continuing to live with their abusive partner, or has had to leave home because of violence, but wants to return to their home and exclude their abuser then an occupation order can be used to help them to do this . The court will apply a 'balance of harm' test when deciding whether to make the order. When making an occupation order, the court may make other related orders imposing obligations on you or your abuser (for example, relating to repair and maintenance of the home, or to payment of rent or mortgage).

An occupation order can include the following outcomes:

1. Allow you to remain in the home if your partner is trying to get you out.
2. Allow you back into the home if your partner has already thrown you out or is preventing you going back into the home.
3. Exclude your partner from all or part of the home.
4. Impose a set of rules about living in the home.
5. State that you and your partner must live in separate parts of the home.
Exclude your partner from coming within a certain distance of your home.
6. Order your partner to leave the home or a part of it.
7. If you do not own the property and have not paid towards the cost of the property you can obtain an order which says that you are still entitled to live in the property because you have "matrimonial rights". You can also get an order that this right will not end if your partner dies or you and your partner divorce. However, your partner can apply to the court to try and end your "matrimonial rights" or restrict them.

Injunctions are normally for a specified period of time but can be renewed;, or they may be made 'until further order'. There is no limit on the length of time that non-molestation orders can be extended for. Occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home (i.e. as owner or co-owner, or tenant/joint tenant, or because you are or have been married to the owner/tenant).

This can be attached to an injunction and will give the police power to arrest your partner if he or she breaks the order. To obtain a power of arrest you need to show that your partner has used violence against you or has threatened to use violence and he / she is likely to do so again.

In order for someone to apply for one of these orders they must be what is called an 'associated person'. This means you and your partner or ex-partner must be related or associated with each other in one of the following ways:

• You are or have been married to each other.
• You are or have been in a civil partnership with each other;
• You are cohabitants or former cohabitants (including same sex couples)
• You live or have lived in the same household.
• You are relatives.
• You have formally agreed to marry each other (even if that agreement has now ended).
• You have a child together (this can include those who are parents of the same child, and those who have parental responsibility for the same child).
• Although not living together, you are in an “intimate relationship of significant duration”.
• You are both involved in the same family proceedings (e.g. divorce or child contact).

It is important to note that if you do not own the property, and you have no interest in the property, and no agreement which allows you to live there and no legal right to the property then you can only apply for the following injunction orders:

• 1. Non-Molestation Order
• 2. Power of Arrest

Unmarried couples not living together, neighbours, relatives, friends or acquaintances - can also apply for a "Common Law Injunction". These are sometimes called "Assault & Trespass Injunctions". But, these injunctions will stop somebody coming onto your property without your permission or assaulting you. Specifically these orders can enable you to:

1. Stop the person abusing you from assaulting you or harassing you. The harassment must be serious to the point that it interferes with your mental or physical health. The harassment must also be intentional. Repeated phone calls can amount to harassment.
2. Stop the person abusing you from trespassing on your property. You must show you have an interest in the property, for example you own it or that you are a tenant.
3. Stop the person abusing you and causing a nuisance.
4. Stop the person abusing you by interfering with your possessions.
5. More recently the courts have also allowed orders to exclude abusers from coming within a certain distance of the applicant's home or place of work.

You cannot get a power of arrest with this type of injunction or an order to force somebody who is living in your home (such as a relative) to leave, if they have a right to be there. If your abuser breaks the injunction you will need to go back to court to get an order to send them to prison.

If you are not eligible to apply for an order under the Family Law Act, or if you are being continually harassed, threatened, pestered or stalked by a stranger, acquaintance, or after a relationship has ended, you can also get civil injunctions under the Protection from Harassment Act (1997). Legislation also allows a restraining order to be attached when criminal proceedings have been taken - even if the conviction has not been upheld – if the court believes you are likely to be at risk. Restraining orders can provide the same protection as injunctions under the civil law but may be more effective as they carry stronger penalties. Taking action under the criminal law, coupled with restraining orders, may help you avoid the cost of taking, what can be expensive, civil legal action if you do not also need to apply for an injunction to exclude your abuser from your home

The Protection from Harassment Act (1997) makes harassment a criminal and civil offence and gives the police more powers to arrest and charge a person who is harassing you, and can be used instead of "Common Law Injunctions". Harassment includes, nuisance phone calls, stalking, threats, excessive noise etc. Basically any behaviour which causes you "alarm" or "distress". The harassment has to have happened more than once for you to use this Act. In the case of stalking you must show the behaviour caused you to think that person was likely to use violence on you. The Act can also be used to prevent harassing behaviour by neighbours, protesters, family members, the media etc.

If a person is guilty of harassment the police have powers to arrest them and sentence them in either the Magistrates Court or the Crown Court. If they are found guilty in the Magistrates Court they can be sentenced to up to 6 months in prison and / or up to a £5,000 fine as well as an order preventing them from harassing you. In the Crown Court they can be sentenced to up to 5 years in prison or an unlimited fine as well as an order preventing them from harassing you.

Instead of the police charging the person who is harassing you, you can decide to apply for an "Anti-Harassment Injunction" from the civil courts, e.g. the County Court. You can also claim compensation for "anxiety", "distress", "alarm" or financial loss at the same time.

Unlike "Common Law Injunctions" it is possible to attach powers of arrest to "Anti-Harassment Injunctions" injunction, but only once the injunction has been broken. You will need to go back to court to apply for a "warrant of arrest" and the police will arrest the person and bring them back to the civil courts. The person(s) can then be committed to prison.

Instead of applying for a "Warrant of Arrest" when an injunction is broken, you can ask the police to use their criminal powers to arrest the person and take them to the criminal courts for sentencing. A person may not be guilty of harassment if they can show that they:

1. Acted reasonably and in order to protect themselves, their property or someone else's property.
2. They were trying to prevent or investigate a serious crime.
3. "National Security" or the "Economic well-being" of the UK was at risk.
4. The law gave them certain powers and it was necessary to act in that way to carry out those powers.

Undertakings can still be given by a person brought to court on an application for an injunction. This is a promise given to the court. If a person is accused of violence, threats, harassment etc., then they can promise the court not to behave in this way in the future. The person who gives the undertaking does not have to admit that they have done any of the acts they are accused of.

The undertaking is therefore given without admitting anything. Once an undertaking has been given it has the same effect as a court order. This means if it is broken then it will be contempt of court and an application can be made for committal to prison.

It is possible to apply for an injunction yourself, although most people prefer to do this through a solicitor. Whatever you decide its always best to try and get some legal advice and to ensure that if you do decide to appoint a solicitor that they have experience of dealing with domestic violence cases, to ensure that you get the best representation and outcome. The Law Society or the local Citizens Advice Bureau will also be able to give you a list of family solicitors in your area, and some of the specialist organisations listed in our directory of services also have lists of useful solicitors that they can provide you with.

You may be eligible for public funding (Community Legal Services funding, or legal aid) to pay your legal costs if you are claiming welfare benefits, or are on a low income and have little or no savings. The income of the perpetrator is not taken into account if you are taking legal action against them.

Applications for injunctions under the Family Law Act are held at the Magistrates' Family Proceedings Court or the County Court, or in some cases the High Court. The application will be in a closed court ('in chambers') and no one who is not directly concerned with your case will be allowed in. This means that you will be able to take in your solicitor or other legal representative, but will not normally be allowed to take in a friend or other supporter (though they can stay in the waiting room).

The Vulnerable Victims Advocacy Team can work with the court and other agencies to ensure that your safety is considered throughout the proceedings, or your solicitor can request that the court provide separate seating areas, but this will not necessarily help you try to keep safe on your way to and from court. You can ask for information that could significantly increase the risk to yourself and your children such as your address to be kept secret and not read out in court, so that the perpetrator does not know where you are living

You can apply to the court on the same day for an injunction without your perpetrator being present, and if granted this is called a 'without notice' or ex parte application. The court will need to consider whether or not you are at risk of significant harm, whether you will be prevented or deterred from applying if you have to wait or whether your abuser is avoiding being served notice to appear before the court.
But the law views that it is really important for somebody to be allowed to defend any allegations made against them and this order is only temporary, If the court grants an ‘ex parte' order, you will have to return to court for a full hearing once the perpetrator has been served with notice of the ex parte order. If there are other family proceedings already in progress (for example, for a residence or contact order for a child) the court may wish to hear the whole case together - but they can still grant an emergency order while you are waiting for the full hearing.

You will need to make a sworn statement (sometimes called an affidavit) to the court about the abuse and any violence that you have experience. You will need to include as much detail as you can and a support service and your solicitor can support you to do this. You will need to describe exactly what has happened , how this has impacted upon you and your children , and dates, places and times (if you can remember) physical and emotional abuse you have experienced. You can use police call out logs, medical evidence if you have had to see your GP, go to A&E, and any other evidence that you can obtain including from those who may have witnessed what has been happening to you.

The court has to make a decision based on the evidence presented to it and has to consider your needs, your children’s needs and any impact on your welfare, health and well being of the abuse, and balance this against the rights of the person who is abusing you.

When the court gives you an injunction, before the injunction can be used to increase your safety, the person abusing you must be personally handed a copy of the injunction. This is called "serving" the injunction; your solicitor will be able to arrange this for you as it is definitely not a good idea to do it yourself. An injunction is therefore only valid when the perpetrator has been officially served with the court order. Please make sure that you give a copy of the injunction to any relevant agencies including your local police, any specialist agency you are working with, your employer, and your children’s schools if the order relates to them also.