Here for you
When you are in the middle of or coming out of an acrimonious relationship you may need an injunction Order to protect yourself and your children from domestic abuse. As North West specialist family lawyers, we have the speed and expertise to help protect you.
Protecting your children and your money
There are many reasons why you may need Court protection in the form of an injunction Order, whether it is to protect yourself or your children from physical threats, or to enable you to return to the family home without the threat of harm from your partner, or to protect your assets from being sold or disposed of to defeat your financial settlement claims.
Why choose the family lawyers at Evolve Family Law?
Louise Halford and Robin Charrot founded Evolve Family Law as specialist family solicitors committed to helping those in need of family law advice; whether you are suffering domestic abuse or have had domestic violence allegations made against you that are affecting you or your ability to spend time with your children. Whatever your situation, the Evolve Family Law solicitors are passionate about delivering expert family law services with a difference; approachable, empathetic, non-judgemental and proactive legal advice.
Injunction Order Questions
What is an Injunction Order?
Injunctions are legally binding Court Orders. There are many different types of injunction, but the three most common types of family injunction Order are:
- A non-molestation Order
- An occupation or ouster Order
- A section 37 financial injunction Order.
An injunction Order is designed to prevent something from happening. For example, to stop domestic violence from taking place in a relationship or after a relationship has ended. An application for an injunction Order can be combined with an application for a Child Arrangement Order or Prohibited Steps Order to protect your children.
What is a Non-molestation Injunction Order?
A non-molestation injunction is designed to prevent domestic violence from taking place. The definition of domestic abuse is very wide as you may need protection against emotional or psychological abuse or coercive control. If you aren’t sure whether what you are experiencing is domestic abuse it’s best to get expert advice from a family law solicitor.
What is an Occupation Order or Ouster Order?
If you are in a relationship, you may be able to apply for an Occupation Order to stay in the family home and for an Order requiring your partner to leave the property if it isn’t safe for you to continue to live there with your partner. This type of injunction is a temporary Order to protect you until long term decisions are taken over whether the family home should be sold or transferred to you or your partner. You can apply for an occupation or ouster Order even if you are not the legal owner of the property. Orders can be applied to help you afford to stay in the property, such as an application for spousal maintenance.
Do you have to be married to apply for an Injunction Order?
You do not have to be married or in a civil partnership to apply for a non-molestation or occupation or ouster order. For a Financial Section 37 Injunction Order application you do need to be married or in a civil partnership or have previously been married or in a civil partnership.
What is a financial section 37 Injunction Order?
If you are or were married or in a civil partnership, you can apply for financial injunction Orders, such as a section 37 Order or a freezing Order. This type of injunction Order can be made by the Court where there is evidence that your husband, wife or civil partner is selling or disposing of assets with a view to defeating your financial claims. For example, transferring ownership of the family home to a family member or selling shares in the family business at an undervalue to a friend. This is a specialist type of injunction Order application so it is best to get swift expert family law advice if you suspect that your husband, wife or civil partner is disposing of assets as you may need an urgent injunction Order to protect your financial claims.
