An injunction is a 'civil court order' which can be used to help keep you safe. It places legal restrictions on your partner to try to prevent or limit any further violence.

Injunctions don't normally last for longer than 6 months but they can sometimes be extended. They are only available to 'associated heterosexual partners' (e.g. if you've been married, you've lived together, you have children together).

Types of injunctions

• Occupation Orders (sometimes known as ouster injunctions): These injunctions will exclude your partner from your property. See the section on housing for further details.

• Non molestation orders: These injunctions prohibit your partner from assaulting you and/or your children. It can also prevent your partner from coming within a certain area and can stop any other specific behaviour that's relevant. It can also stop your partner from getting someone else to do those things for him. See our section on housing for further details.

• Injunctions "without notification" (formerly called "ex-parte" injunctions). Both non-molestation orders and less commonly occupation orders can be issued on a "without notification" basis in particular circumstances e.g. the court believes that notifying (informing) the alleged perpetrator would put the applicant (the victim applying for the injunction) at risk of violence or intimidation before the court hearing.

• One of the difficulties involved in "without notification" orders is that the injunction only comes into effect when the perpetrator has been served with a copy. This can also be a problem if the perpetrator has been notified (informed) of a court hearing but has failed to attend. If the court of process server (often private detectives employed by solicitors to serve injunctions) fail to find the perpetrator to serve the order it is possible to apply to the court for an order to be considered served by post.

You can get further advice about injunctions from the Rights of Women on 0207 251 6577.

Applying for an injunction

If you can afford it, or if you're entitled to help with legal costs then you can use a solicitor for the entire process of applying for an injunction.

There are less expensive options available. For more information contact either Rights of Women on 0207 251 6577.

• To apply for an injunction you have to go to court. Unlike criminal proceedings though injunction applications are held in 'closed courts'. This means the court will be cleared of people who are not directly involved with your case. You can also ask for your address to be kept secret.

• If you're worried about your partner's presence, you can ask court officers to keep him away from you.

• Injunctions can be very useful to show your partner that you're no longer prepared to accept his behaviour. But they are only effective if you're prepared to call the police if he disobeys the terms of the injunction.

• Police Community Safety units keep copies of all injunctions that carry a power of arrest which can help if, at a later date, you need to contact the police for assistance.

Will an injunction protect me from violence?

Injunctions are not a guarantee of safety because some violent men don’t mind risking arrest and imprisonment and so are likely to break the terms of an injunction. Some perpetrators may also get even angrier and more dangerous if they are served with an injunction.

However, if they're afraid of the consequences of breaking an injunction they're more likely to obey one.

You're the best person to decide whether or not your partner is likely to obey a court order. Other people shouldn’t try to insist that you apply for an injunction if you don't believe that this would help you.

If your violent partner breaks ("breaches") the terms of the injunction

Recent legislation (government law) called the Domestic Violence, Crime and Victims Act (2004) has strengthened the power of injunctions. All non-molestation orders issued after July 2005 now carry what is called a "power of arrest" which means that the police can arrest perpetrators for breaching (breaking) the terms of an injunction. It's important to call the police as soon as possible if your (ex) partner breaches the terms of a non-molestation order.

The police should then arrest him and present him to the court. The courts have the power to issue fines and/or custodial sentences of up to five years in prison.

You will have to go to court to inform them of any breaches (breaks) that have occurred.

Back to Practical help

This article was last reviewed by Catherine Orr Deas in December 2005.
First published in February 2003.