Injunctions

If you are suffering or at risk of suffering domestic abuse from your partner or a member of your family then you may apply to the County Court for an injunction to protect you.

Protective injunctions are usually referred to as Non Molestation Orders.

A Non Molestation Order is an Order of the Court protecting you from harm from the perpetrator of domestic abuse.

Domestic abuse manifests itself in many ways. If you feel that you are suffering or at risk of suffering physical, sexual, emotional or financial abuse then we can advise you on your legal position in order to protect you.

Sills & Betteridge Solicitors aim to ensure you are protected within 24 hours of your first meeting with us.

Who can apply for an injunction?

You can apply to the Court for an injunction if your relationship to the perpetrator is:

1. Married
2. Were married
3. Agreed to marry
4. Civil partner
5. Former civil partner
6. Agreed to form a civil partnership
7. Cohabitant
8. Former cohabitant
9. Live in the same household
10. A relative
11. Both of you are parents or have parental responsibility for a child
12. One of you is a parent of a child and the other has parental responsibility for that child
13. Both of you are the parties to the same family proceedings

What does the injunction do?

Once the application has been made it will prevent the perpetrator from doing the following:

1. Using or threatening any unlawful violence towards you
2. Coming within 100m of any property in which he is aware you are living
3. Communicate with you in anyway whether by letter, email, text message, social networking sites, etc.
4. Damage or attempt to damage your property.

What if the perpetrator breaches it?

Once the Order is served on the perpetrator it is deemed to be in place.
If the perpetrator breaches the terms of the Order it is a criminal offence and you must telephone the Police so that they can investigate.

What if the Police are unable to press charges?

We can advise you in respect of applying for Committal Proceedings in the County Court.

Will I qualify for Legal Aid?

You will automatically qualify for public funding if you are receiving a passported benefit such as:
• Income Support
• Income based Job Seekers Allowance
• Income based Employment Support Allowance
• Pension Credit

What if I do not receive the above benefits?

We can assess you on your means. If you have a low to moderate income you may still qualify for public funding.

How does this work?

If you are working and you are paid weekly we will need to see your last five consecutive wage slips. Alternatively, if you are paid four weekly we will need to see the previous month’s wage slip.

Occupation Orders

We can also apply to the Court for an Occupation Order ordering the perpetrator to vacate the property.

How do I apply?

Please contact Chrystal Theofanous on 01522 542211 or 07557 850 212 (24 hour number) for a free no fee consultation or book in to see one of our specialised practitioners. Alternatively email ctheofanous@sillslegal.co.uk.

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