Injunctions


Injunctions

Family Law Injunction Solicitors In Gosforth Serving Newcastle Upon Tyne, The North East, And Nationally

InjunctionsIf you have been in a close relationship with someone who has used or threatened you with violence or abuse, our family law injunction solicitors are here to get you the protection you need.

You may be experiencing or fear you may be about to experience harassment, threatening behaviour, psychological or financial abuse, or physical violence. In family law, the person responsible may often be someone very close to you – your partner, your husband, or your wife.

Our experienced family lawyers can help guide you in what to do to put legal protections in place to defend yourself. This can be a vital first step in getting your life back to normal.

As members of the Resolution group of family lawyers, we are committed to finding a constructive resolution to family disputes. However, sometimes the best solution may start with a swift, clear legal injunction that protects you from further harm.

If you are not sure if it is possible to seek an injunction in your case – or if this would be the best approach – we invite you to contact our supportive team on 0191 284 5030 or or complete a Free Online Enquiry. All enquiries are treated with the strictest confidence and sensitivity.

“Very professional, friendly service and I would have no hesitation in using your services again.”(Mr & Mrs B)

What Is A Family Law Injunction?

An injunction legally restricts someone from doing something. In family law, this is usually done because you have experienced harm from someone or you expect them to do something that could harm you in future. The definition of “harm” could include things like:

  • Harassing you
  • Threatening you
  • Intimidating you
  • Abusing you verbally, psychologically, physically, or financially
  • Doing any of the above to your children

What Types Of Injunction Can We Help You Seek?

There are two main types of injunctions that we help our clients seek when the situation calls for it:

1) A Non-Molestation Order

A non-molestation order is the most common type of family law injunction. This order can be sought if you can demonstrate that a person has harassed, intimidated, pestered, or threatened you with any kind of abuse or violence.

The scope of a non-molestation order is quite wide. They are designed to protect people who have or expect to suffer a wide range of abusive or threatening behaviour.

As the applicant, the burden is on you and your solicitor to prove that the respondent – the person you want to take out the injunction against – is behaving in the way you describe. If successful, a non-molestation order can:

  • Prevent someone from entering your home
  • Prevent someone from coming near your home
  • Restrict someone from coming near you or your children

This order will last for a minimum of six months but can last for twelve months depending on the court’s judgement of how serious the respondent’s behaviour is to you.

2) An Occupation Order

An occupation order is of a higher degree of seriousness than a non-molestation order. It is meant to be a protection against even more seriously threatening behaviour.

This kind of injunction essentially decides who is permitted to live in the family home. This order could even be against someone who is the legal owner or someone who is legally entitled to live in the property. It will decide:

  • Who should be excluded from the family home
  • Who is allowed to remain in the family home (you may have certain “home rights” even if you are not the legal owner)
  • If there should be rules of residence, such as one partner only occupying part of the home
  • If someone should be allowed to return to the family home if they have already left

Because an occupation order is so serious, any court will expect a higher threshold of serious behaviour to be proven. This usually includes physical violence or serious harassment, but it is always worth discussing your unique situation with one of our supportive family law experts.

Let Our Family Law Injunction Solicitors Start Helping You

With over 30 years of experience and a 99% customer satisfaction rate, we understand the need for a sensitive approach as we work with you to create the best solution to your specific situation in the least painful, least expensive, and fastest possible way.

Reach out to us today on 0191 284 5030 or complete a Free Online Enquiry to tell us about your circumstances in the strictest confidence. Be sure of receiving a thoughtful and sensitive reply advising you about how we can help you.

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    Please call us on 0191 284 5030 or complete a Free Online Enquiry and we will soon be in touch.