Taking legal action against someone who is abusing you can be both a frightening and liberating process, but is an essential step towards protecting yourself and your family. If you have reached the point where you feel you are able to apply for legal protection, then Crockett & Co Solicitors are here for you.
Whether you’re dealing with threats, violence, or harassment, knowing when and how to file for a restraining order or a similar protective injunction is the first step toward regaining control of your life and remaining safe as you do so.
What is a restraining order?
A restraining order is a UK court order that prevents your abuser from being able to access you. This could be through telephone contact, attending your home address or place of work, or communicating with the people close to you.
A restraining order can only be issued by a court if someone has committed a crime against you. Without a criminal conviction, you would need to apply for a non-molestation order or protective injunction which we will discuss in more detail below.
Sometimes, applying for a restraining order can be tough emotionally, especially following periods of abuse, and so a non-molestation order might be easier until you are ready to pursue a court case, or if you don’t wish to press charges but want to feel safe again.
When you can get a restraining order
A restraining order will be given by a court if they believe you are at risk of further harm from your abuser. This could be emotional or physical harm, like harassment or violence.
You don’t have to have been physically hurt by your abuser for a court to establish you are at risk of harm or further violence, because it is your future safety they are concerned with when a restraining order is filed.
A restraining order can be filed against a family member, a friend or a complete stranger. The relation to you does not matter if they are a threat to your safety.
You can get a restraining order if the person has:
- Abused or threatened to abuse you
- Threatened your life
- Sexually assaulted you
- Harassed you in a way that has caused emotional distress
- Stalked you
How to get a restraining order
A restraining order can only be filed following a criminal conviction. This means that in order to be granted a restraining order against someone who could cause you harm, you would need to report them for a crime.
You can’t file a restraining order yourself, but you can apply for an injunction which will protect you in a similar way.
What is an injunction?
An injunction is a civil court order that prevents one or more people from being able to carry out certain acts. It will give you the ability to stop someone from causing you harm without a criminal conviction.
Injunctions can give you peace of mind whilst you decide whether you want to pursue charges, or give you your freedom back if you decide not to press charges.
How to apply for an injunction
You can get an injunction by filing a formal application to the civil court.
You will need:
- An application for injunction (N16A) form
- A witness statement and material evidence
- Relevant grounds for the claim
Material evidence for the claim could be screenshots of text conversations, a phone recording of you being threatened, or a written statement from a medical professional. Anything that proves you are at risk of physical or emotional harm from the person you are filing an injunction against.
If you are unsure of what you need, you can contact your local police station or a solicitor to discuss the evidence you do have and ask whether it can be used in your application.
At Crockett & Co Solicitors, we believe a court order is the first step to rebuilding your life without fear, and we aim to do everything in our power to support you from the moment you contact us. We are able to meet with you on the day you contact us to provide advice and help you with your application.
Applying for an emergency order
If you are at immediate risk of harm, then you can apply for an emergency order. You don’t need to tell the person that you are applying against, and forms can be sent without their knowledge or consent. This is so that you don’t put yourself at risk by applying for protection.
You will need to attend a court hearing where they will decide whether to grant your order.
You only need to tell the person you have filed against after the order has been approved, but you will need to tell them.
If you are experiencing domestic violence and need refuge immediately after you tell your abuser about the order, then there are charities that can help. Refuge, Mankind and Women’s Aid are designed to help you recover and move on with your life in a safe environment, and your solicitor will be able to help you contact them and make arrangements for yourself and any children or other family members who may be at risk.
Can you apply for an injunction if you’re under 16?
If you are 17 or under, you will need permission from the High Court to apply for a litigation order, and will be appointed a litigation friend.
This could be a trusted family member, parent or close friend.
You do not need permission from a parent or guardian, and if you are applying against a parent or guardian then your solicitor might be able to assist with legal aid.
The types of injunction orders
There are two types of injunction order that you can apply for depending on the nature of the abuse.
Non-molestation orders
Non-molestation orders are for victims of domestic abuse. You can apply if you are experiencing severe emotional abuse or domestic violence from:
Someone you are or have been in a relationship with
This includes:
- Your current husband, wife or civil partner
- Former husband, wife or civil partner
- Someone you are or were previously engaged to
- Any romantic or sexual partner that you have been in a relationship with for over 6 months, both past and present
A close family member
This includes:
- Parents
- Siblings
- Aunts and Uncles
- Grandparents
- Stepparents
- Cousins
Someone who has responsibility for your child or grandchild
You can apply for a non-molestation order if the person has parental responsibility over your child or grandchild. This could be your partner, an ex-partner or even your own child if you feel your grandchild is at risk.
You can also apply for a non-molestation order for an adopted child against:
- Their biological parents
- Anyone who has applied to adopt them
- Anyone the child has been placed with for adoption
You will need cause and evidence to show why this person poses a significant risk to your adopted child or grandchild.
Occupation orders
Occupation orders say who can live in your family home and can be extended to include the surrounding area.
If you are a victim of domestic abuse, or if you are protecting your child from domestic abuse, then occupation orders prevent your abuser from living in the property with you, entering the area that surrounds the property and in some cases, buying property within a certain distance of your home.
You can apply for an occupation order if:
- You own or rent your home and the person was due to move into the property with you
- You don’t own the home but you are married to or in a civil partnership with the owner and live with them in the property
- Your former partner owned or rented the home and it is, was or was intended to be your shared property
What happens after you file an injunction
After you submit your application, the court will send you a Notice of Proceedings which tells you the date of your court hearing. Your solicitor will be able to guide you through this time, and provide you with all the information you need.
How long does an injunction last?
An injunction is usually issued for a set period of time, and this is normally 6-12 months. However, they can be granted permanently and extended if necessary.
The length of the injunction will depend on the severity of your case
If you are filing for an injunction order, or wish to pursue a legal case to get a restraining order, it is important to know that you are not alone. Finding the strength to take matters into your own hands and protect yourself from abuse can be frightening, but Crockett & Co Solicitors will be there for you at every step of the process.
Over our 30 years providing legal assistance to people in vulnerable situations, we have witnessed many people regain their freedom, and we want you to know that we will do everything in our power to make sure you and your family are safe and taken care of from the moment you contact us.
