Injunctions
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We understand that taking the first step to address an abusive family situation can be very frightening. As such, our expert domestic abuse solicitors in Chelmsford can step in to provide immediate support and clear advice about your options, which may include obtaining a court injunction to protect you and your children from harm.
At Gepp Solicitors, our domestic abuse solicitors can work alongside you to take swift action by removing an abuser from your home, having established substantial experience in seeking injunctions, as well as other steps to keep you and your family safe.
Our domestic abuse solicitors can help you:
- Apply for a non-molestation order to protect you from violence or threats or violence
- Apply for an occupation order to stop someone from living in, entering or coming near your home
- Get a divorce or civil partnership dissolution from a partner who is or has been abusive
- Resolve any financial issues, including obtaining a clean break order that completely separates your finances after divorce or dissolution
- Protect your children, including obtaining court orders if necessary
Consult our court injunction solicitors in Chelmsford
If you want to find out more about the services we can offer you, please feel free to get in touch with our court injunction solicitors in Chelmsford.
Have a quick question or want to request a call back? Use our simple online enquiry form.
How we can help you with Court injunctions
Non-molestation orders
A non-molestation order (also referred to as a civil injunction) is a specific type of court injunction that can protect you and your family from threatening, intimidating, or harassing behaviour. They can also be used to prevent your partner from contacting you both directly and through third parties.
A non-molestation order document will outline exactly what your family member is forbidden from doing. Our solicitors can work alongside you to draft a document on your behalf, making sure that the injunction covers every necessary detail, and subsequently file it at court.
A non-molestation order typically lasts for 6-12 months, and anyone found to be in breach of the terms could be subject to arrest.
Occupation orders
An occupation order can be used to outline who will live in the family home or come near the family home. You do not need to own your home in order to get an occupation order, as you may be able to get one if you rent or just live in your home with your family member.
Our court injunction solicitors can advise you on making an application for an occupation order, supporting you with the necessary provisions that need to be made for it to be effective and tailored to your personal circumstances.
As is the case with non-molestation orders, occupation orders tend to last for 6-12 months, and anyone found to be in breach of the terms could be subject to arrest.
Divorce or civil partnership advice
In addition to making a court injunction, you may see fit to move ahead with divorce or civil partnership proceedings.
Our divorce solicitors can guide you through the process of getting a divorce, including the general process of making a divorce application, creating Financial Orders to establish your financial independence, and a Child Arrangements Order to provide clarity over your children’s future care.
Court injunctions FAQs
What is an injunction?
Generally speaking, an injunction is an order by a court that orders someone to take certain actions or, conversely, prevents them from taking certain actions.
In a family law context, the two main types of injunctions that are available under the Family Law act 1996 are:
- A non-molestation order
- An occupation order
How long does an injunction last?
Injunctions are typically made for a specified period of time (for example six to twelve months). However, it is possible for them to be renewed.
There is no time limit on the length of time that non-molestation orders can be extended. However, occupation orders can only be extended beyond 12 months if you have a legal right to stay in your home.
What happens when you get an injunction against someone?
If you have an injunction in place (either a non-molestation order or occupation order), they will be required to stick to its terms. Both types of injunction can have a power of arrest attached to them, which means that any breaches of the order can be punished.
How much does it cost to get an injunction?
There are no fees which are payable to the Family Court for filing an injunction. Our legal fees for court injunction support can be discussed further during an initial consultation with our team.
How quickly can you get an injunction?
To obtain an injunction, you will need to attend a court hearing. However, in some cases, it may be possible to obtain immediate protection without your family member being notified through a ‘without notice’ application. These applications can be made to the court on the same day without your abuser being present.
If the court grants a ‘without notice’ order, you will need to return to court for a full hearing once your abuser has been served with notice.
What counts as domestic abuse?
Many people tend to focus on physical violence when they think about domestic abuse. However, there are a number of other forms of domestic abuse which can be equally harmful to the victim.
The Crown Prosecution Service defines domestic abuse as behaviour which enables an offender to obtain power or control over another person. This typically includes physical violence and threats of violence – as well as emotional, psychological, financial, and sexual abuse.
What is coercive control?
Coercive control is an act, or regular pattern of acts, of assault, threats, humiliation and intimidation. This type of behaviour is designed to make a person dependent by isolating them and depriving them of their independence.
This is a specific type of offence with a maximum offence of five years’ imprisonment.
Who can I talk to about domestic abuse?
In addition to seeking legal advice on making an injunction to address instances of domestic abuse, there are also a number of organisations you can speak to for support:
Our court injunction solicitors’ fees
Fixed fee court injunction advice
At Gepp, we can provide court injunction advice and support on a fixed fee basis, so you know exactly how much it will cost to instruct our team.
Book an initial consultation with our court injunction solicitors in Essex
If you want to find out more about the services we can offer you, please feel free to get in touch with our court injunction solicitors in Chelmsford.
Have a quick question or want to request a call back? Use our simple online enquiry form.
Call us
Main number: 01245 228106
Email us
Main email: family@gepp.co.uk
With Gepp Solicitors you’ll be in experienced hands. Our dedicated team has been handling all kinds of disputes for many years.
With Gepp Solicitors you’ll
be in experienced hands.
Our dedicated team has
been handling all kinds of
disputes for many years.
Our Family Law experts
|
Alison Gosling Paralegal |
|
Farhad Islam Partner |
|
Jenny Powell Legal Assistant |
|
Stuart Tyler Solicitor |
|
Alison Gosling Paralegal |
|
Farhad Islam Partner |
|
Jenny Powell Legal Assistant |
|
Stuart Tyler Solicitor |
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