Firstly, within the justice system injunctions are referred to as ‘Orders’ and there are two different types of Orders that you can apply to the court for. A Non Molestation Order and an Occupancy Order. These types of Orders are obtained through ‘civil proceedings’ at the County Court. Civil proceedings differ from ‘criminal proceedings’ in that for a civil action to be brought in front of the county court, there does not have to be a recent arrest or involvement from the police.
So, let’s break this down further before we look at the different types of Orders, as legal terms can become quite complicated. Have a look at the following two scenarios. The first is criminal proceedings and the second is civil proceedings:
1) A man pushes his wife down the stairs during a domestic dispute. The woman calls the police and the man is arrested and brought before the Magistrates court for the offence of Battery. The man pleads ‘guilty’ and is convicted and the offence is added to his list of previous convictions. He will then be sentenced by the court and could go to prison.
2) A man lives with his wife. There have been numerous call outs by the police but the man has not been arrested. The couple now sleep in separate bedrooms. The man routinely comes into the woman’s room every night and tries to get into bed with her. The woman contacts a solicitor and an Order is sought to stop the man invading the woman’s privacy in their own home. The man is not arrested, but the court bans him from entering her bedroom within the marital home.
OK, so the difference between criminal and civil proceedings is starting to make sense. So, earlier we mentioned Non – Molestation Orders and Occupancy Orders. Let’s have a look at each in turn and find out what they cover and how they differ.
This is an Order to stop your partner ‘molesting’ you or your children. By ‘molesting’ we mean actions such as harassing, threatening, assaulting or pestering you and / or your children. If your partner is harassing you in a particular way, the Order can be specific in its authority to stop that behaviour (see example 2 above).
These are Orders which decide who should carry on living in the family home in the short term after there has been violence, harassment or other behaviours becoming of domestic violence. Not only can this type of Order exclude your husband from the home, but also the surrounding area. If you have been evicted unfairly by your husband, an Occupancy Order can put you (and your children, if applicable) back in the home and evict him. If you are not married see the bottom of this page for an Occupancy Order that suits your domestic circumstances.
A Breach of a Non – Molestation Order is a criminal offence and carries a ‘Power of Arrest.’ A breach of an Occupancy Order can have a Power of Arrest attached to it. A Power of arrest will give the police the power to arrest your (ex)partner if he breaks the terms of the Order in place against him and put him in front of the court. To apply for a power of arrest on an Occupancy Order you need to be able to show that your partner has used violence against you or has threatened to use violence and that he is likely to do so again. Breach of a Non – Molestation Order carries a maximum penalty of five years imprisonment.
You should consult with a solicitor if you are considering applying for either one of these types of Orders. Whilst not everyone can afford a solicitor, in certain personal circumstances you may be eligible for free legal advice. If this is not the case and you are still unable to afford a solicitor, your local Citizens Advice Bureaux (CAB) should be able to put you in contact with organisations that can help you.
This is a tricky question, and to be frank there is no correct answer to this. In some cases having an Order in place will frighten the man into backing off. He will see that he is not the most dominant factor in your life – the law is! In these cases the Order has done its’ job. In other cases, having an Order put in place may only serve to antagonise the man. Indeed his levels of violence, abuse or stalking could increase. Ultimately, you know the type of man that your partner is and you know how he will react to being made subject to an Order. It is a judgement call that you have to make. In all cases it is strongly advisable to have a practical Safety Plan ready to activate.
If you are looking for information relating to Restraining Orders please click here.