If you are having difficulties with an abusive or violent family member, or facing harassment, we would urge you to get in touch with us without delay. Our dedicated team is easy to talk to and poised to take swift action in order to protect you and your family. Our approach is calm and sympathetic but on the other hand you will find us a tower of strength.
If needs be, we will make emergency court applications for non-molestation and occupation orders to protect you from harassment or domestic violence. We will also move quickly to obtain injunctions to protect matrimonial assets in order to safeguard yours and your family’s future.
Family Law Act Injunction
We can make an application for a Family Law Act Injunction on your behalf if you and the person you are seeking an injunction against are ‘associated persons’, i.e.:
- Have been married to each other or are civil partners;
- Are cohabitants or former cohabitants;
- Live or have lived in the same household (except for employees, tenants, lodgers or boarders, e.g. students);
- Are relatives (including in-laws and half-blood relatives);
- There is an agreement to marry or form a civil partnership, even if such an agreement was subsequently terminated;
- In relation to a child, they are a parent or have Parental Responsibility;
- Are parties to the same family proceedings;
- Have had an intimate relationship of a significant duration.
The Court has the power to make the following types of Injunction Orders:
A Non-Molestation Injunction Order: This is an Order forbidding an associated person to use violence against or threaten, harass or pester the other. Breach of a Non-Molestation Order is a criminal offence, which can result in a fine or imprisonment for up to five years.
An Occupation Order: This is an Order which regulates the occupation of the whole or part of a dwelling-house. The Court has the power to remove a current or former co-habitant, spouse or civil partner from the former matrimonial home or any part of it. It also has the power to forbid them from entering or attempting to re-enter a property.
Injunction Applications
An injunction application is normally treated as an emergency. If you are eligible for public funding it is usually necessary to apply for Emergency Legal Aid and we will help you with this.
An injunction application has to be supported by a sworn statement. We will prepare the statement on your behalf, providing details of all the circumstances that you are complaining about. It is vital that the information contained in the statement is correct, since it represents your sworn evidence, so we will verify all the facts with you before handing over to you to carefully read and check before submitting.
If you are opposing an injunction then we can help you prepare a statement in reply to the application.
Whatever issues you are facing, the expert help you need to protect your family is on hand at Pickering & Butters. Please don’t hesitate to make that important call.
For confidential legal advice on any domestic abuse matter, please get in touch with our Staffordshire solicitors in Stafford and Rugeley.
