1. What is a Family Court Injunction?
A family court injunction UK is a legal order made by the court to protect individuals from harm, harassment, or intimidation within family relationships. It is commonly used in domestic abuse cases but can also apply to disputes involving property and children.
2. Types of Family Court Injunctions UK
Non-Molestation Order
- Prevents harassment, threats, and abuse.
- Stops direct or indirect contact.
- Breach is a criminal offence.
Occupation Order
- Decides who can live in the family home.
- Can remove an abusive partner from the property.
- Helps protect children’s housing security.
Restraining Orders (linked to criminal law)
- May be imposed after criminal proceedings.
- Prevents ongoing harassment or intimidation.
3. When to Seek a Family Court Injunction Solicitor UK
You should seek legal advice if:
- You are a victim of domestic abuse and need immediate protection.
- You want to secure your right to live in your home.
- You have been served with an injunction and want to contest it.
- You need help enforcing a breached order.
4. How a Solicitor Can Help Applicants
If you are applying for an injunction, a solicitor can:
- Assess whether you should apply for a non-molestation, occupation order, or both.
- Prepare and file Form FL401 and supporting witness statements.
- Request emergency without notice injunctions if you are in immediate danger.
- Represent you in court to strengthen your case.
5. How a Solicitor Can Help Respondents
If you are served with an injunction, a solicitor can:
- Explain your legal rights and obligations.
- Help you decide whether to accept, contest, or offer undertakings.
- Gather evidence to defend against false allegations.
- Represent you in court to protect your housing, family, and reputation.
6. Court Process for Family Injunctions
- Applications are made at the family court.
- Hearings may be urgent (same day) for emergency protection.
- Both parties can present evidence before a judge makes a decision.
7. Enforcement of Family Court Injunctions
- Non-molestation orders: Breach is a criminal offence with up to 5 years in prison.
- Occupation orders: If a power of arrest is attached, police can arrest immediately.
- Solicitors can help apply for enforcement if orders are broken.
8. Costs and Legal Aid
- There is no court fee for non-molestation or occupation orders.
- Legal aid is often available for victims of domestic abuse.
- Respondents may not qualify for legal aid but can access fixed-fee advice.
9. Impact on Children
Family injunctions often consider the safety of children. Orders may restrict or supervise child contact if abuse or risk is proven. Solicitors ensure children’s welfare is prioritised in applications and hearings.
10. Why Choose a Specialist Family Court Injunction Solicitor UK
A solicitor specialising in family injunctions can:
- Act quickly in emergencies.
- Provide expert advice tailored to your situation.
- Strengthen your case with proper legal documentation.
- Protect your housing, family, and reputation.
Frequently Asked Questions
Q1. What is the difference between a non-molestation and occupation order?
A non-molestation order stops harassment, while an occupation order regulates who lives in the home.
Q2. Do I need a solicitor to apply for an injunction?
You can apply yourself, but a solicitor greatly improves your chances of success.
Q3. Can legal aid cover injunction cases?
Yes, victims of domestic abuse usually qualify for legal aid.
Q4. What happens if I breach an injunction?
You may face arrest, fines, or imprisonment.
Q5. Can injunctions affect child custody?
Yes, the court may restrict or supervise child contact if children are at risk.
Q6. How long do injunctions last?
Usually 6–12 months, but they can be extended if risks continue.
Conclusion
A family court injunction solicitor UK provides vital legal protection for those facing domestic abuse, harassment, or family disputes. Whether applying for an order, responding to one, or enforcing breaches, specialist solicitors ensure your rights and safety are protected. With expert legal advice, you can navigate the process confidently and secure the best outcome for you and your family.