1. What is an Injunction in Family Law UK?
An injunction in family law UK is a court order designed to protect individuals from harm, harassment, or threats within family relationships. It can regulate behaviour, restrict contact, or decide who can stay in the family home.
2. Purpose of Family Law Injunctions
Injunctions exist to:
- Protect victims of domestic abuse.
- Prevent harassment, intimidation, or stalking.
- Safeguard children from harm.
- Secure housing rights during disputes.
3. Who Can Apply for a Family Law Injunction?
Applications can be made by individuals who are “associated” with the respondent, including:
- Married or civil partners.
- Cohabiting partners or ex-partners.
- Parents of a child.
- Family members such as siblings, in-laws, or parents.
4. Types of Family Law Injunctions UK
a) Non-Molestation Order
- Protects victims from harassment, intimidation, or violence.
- Prevents direct or indirect contact.
- Breach is a criminal offence.
b) Occupation Order
- Decides who can live in or return to the family home.
- Can exclude an abusive partner from the property.
- Ensures victims and children have secure housing.
c) Restraining Order (linked to criminal law)
- Often follows a criminal conviction for harassment or abuse.
- Prevents contact and protects the victim from further harm.
5. Grounds for Granting an Injunction
Courts consider:
- Evidence of abuse or harassment.
- Risk to children.
- Housing needs of both parties.
- Whether protection is necessary for safety and wellbeing.
6. How to Apply for an Injunction Family Law UK
- Complete Form FL401 (available on GOV.UK or at family courts).
- Provide a witness statement detailing incidents of abuse or harassment.
- Submit the application to the court.
- Attend a hearing unless it is an urgent without notice application.
7. Emergency Injunctions (Without Notice Applications)
If there is immediate danger:
- The court can grant an order without informing the respondent.
- Protection starts immediately until a full hearing is held.
8. How Long Do Family Law Injunctions Last?
- Typically 6–12 months, but they can be extended if risks continue.
- Some may last longer depending on the circumstances.
9. Cost of Applying for an Injunction
- There is no court fee for applying for a non-molestation or occupation order.
- Legal aid is often available for victims of domestic abuse.
10. Enforcement of Family Law Injunctions
- Breach of a non-molestation order is a criminal offence (up to 5 years in prison).
- Breach of an occupation order with a power of arrest attached also allows immediate police action.
- Victims should report any breaches immediately.
11. Rights of the Victim
With a family law injunction in place, victims gain:
- Protection from harassment or violence.
- Legal authority to involve police for breaches.
- Security in their home and daily life.
12. Respondent’s Rights
The person served with an injunction can:
- Attend court to contest the allegations.
- Present evidence and witnesses in their defence.
- Offer undertakings (a promise to the court) instead of an order.
13. Impact on Children and Custody
- Courts prioritise child welfare when making injunction decisions.
- Orders may restrict or supervise child contact with the abusive parent.
14. Variation, Renewal, or Discharge of Orders
- Victims can apply to extend or vary an injunction if risk continues.
- Respondents can apply to discharge the order if circumstances change.
15. Importance of Legal Representation
A solicitor specialising in family law can:
- Advise on which injunction to apply for.
- Prepare strong evidence for court.
- Represent victims or respondents in hearings.
Frequently Asked Questions
Q1. What is the difference between an injunction and a restraining order?
An injunction is granted under family law, while restraining orders are usually linked to criminal cases.
Q2. How long does it take to get an injunction?
Emergency injunctions can be granted the same day, while standard applications may take 1–2 weeks.
Q3. Do I need a solicitor to apply?
No, you can apply yourself, but legal advice is recommended.
Q4. Is legal aid available for injunctions?
Yes, legal aid is often available for victims of domestic abuse.
Q5. Can an injunction stop someone from coming near my home?
Yes, both non-molestation and occupation orders can include such restrictions.
Q6. Can injunctions affect child contact?
Yes, courts may limit or supervise contact if it risks harm to children.
Conclusion
An injunction family law UK is a powerful legal safeguard that protects victims of domestic abuse, harassment, and intimidation. With options like non-molestation and occupation orders, victims can secure safety and housing rights. Understanding the process, enforcement, and legal support available ensures individuals can take action to protect themselves and their children.