Getting an injunction against a family member
Facing the need to get an injunction against a family member is never easy. But, when family conflicts escalate to a point where your safety or peace of mind is at risk, taking legal action might become necessary, especially if you fear for your safety or the safety of your loved ones.
At Lawhive, we understand the delicate nature of family relationships and the importance of protecting your well-being. We also believe everyone deserves access to quality legal support without breaking the bank.
As such, our experienced network of family law solicitors is here to offer empathetic, non-judgemental support through every step of the injunction process, at a fraction of the cost of traditional firms.
Our intuitive platform makes it easy to access legal services from the comfort and safety of your home, ensuring that help is always just a click away.
Don't let fear or confusion prevent you from protecting yourself and your loved ones. With Lawhive, you have a trusted partner to help you secure an injunction against a family member.
Contact us today to find out more and get a no-obligation, fixed-fee quote for the services of a specialist lawyer.
What is a family court injunction?
Injunctions are legal orders that can protect you from harm, harassment, or other forms of abuse by restricting the actions of the person against who the order is made.
Therefore, an injunction against a family member is a family court order that tells a family member to do or not do something.
This can include not contacting you, restricting them from the family home, or limiting the area they can occupy.
An injunction can also prevent them from approaching you at work or seeing your children at school.
Can you get an injunction against a family member?
You can get an injunction against a family member if you feel threatened, harassed, or at risk from them.
A solicitor can help advise you on whether an injunction would be suitable and can maximise the chances of a favourable outcome.
Contact us today for a free case evaluation to explore your options.
Types of injunctions available to protect from family members
There are several types of injunctions available to protect you from a family member.
Non-molestation orders
A non-molestation order can protect you from someone close to you who is threatening violence, harassing, or harming you or your children. This order can stop them from calling you repeatedly or following you. It will clearly state what actions they are not allowed to take.
You can apply for this type of injunction if you have been a victim of domestic abuse and the person you need protection from is:
To get a non-molestation order, you have to provide various types of evidence to support your case.
Occupation order
An occupation order can stop someone from living in your shared home, entering your home, or entering certain rooms in the home you live in together. It can require an abuser to move out and stay a certain distance away from the home.
To apply for an occupation order, you need to know if the abuser has a legal right to enter the home, such as if they jointly own it with you.
You can apply for an occupation order if:
Restraining orders
A restraining order can be issued at the end of a criminal case. Unlike other injunctions, a restraining order requires a case to have been brought against the individual.
This temporary order can prevent someone from doing specific things, like coming near you or contacting you. Restraining orders can be granted even without incidents of domestic violence if someone has threatened or harassed you.
Further, an abuser does not need to be convicted for a restraining order to be granted.
The court can issue a restraining order against someone who wasn’t convicted if they believe there is enough evidence to protect someone from harassment.
Prohibited steps order
A prohibited steps order can stop a parent from taking specific actions concerning a child or children, such as taking them out of the country without consent.
When might I need an injunction against a family member?
You might need an injunction against a family member if they are abusing you and other efforts to stop the abuse haven't worked.
There are several types of abuse that an injunction can help prevent including:
How to apply for an injunction against a family member
You can apply for an injunction against a family member if you have been the victim of domestic abuse.
To apply you'll need to:
Seek legal advice from a family law solicitor.
Collect any evidence that supports your case, such as witness statements, medical reports, or records of communication that show harassment or abuse.
Apply to the court, detailing the nature of the abuse or harassment and why an injunction is necessary.
The court will review your application and evidence. In urgent cases, the court can grant an injunction without the abuser being present (ex parte).
For non-urgent cases, a hearing will be scheduled where both parties can present their case.
If you are in a situation where you need protection from a family member, don't hesitate to take action.
Contact Lawhive today to discuss your case and explore your options for obtaining an injunction. Our Legal Assessment Specialists are here to ensure your safety and support you through every step of the process.
Do I have to go to court to get an injunction against a family member?
In most cases, you must go to a court hearing to get an injunction against a family member.
At the hearing, you will have the opportunity to explain your situation to the judge, and the person you are seeking the injunction against will also have the chance to present their side.
However, in urgent situations, the court can issue an ex parte order, which means the injunction is granted without the abuser being present. This is typically a temporary measure until a full hearing can be held.
What evidence do I need to apply for an injunction?
Your application for an injunction against a family member can be supported by evidence to strengthen your case against your abuser.
It could help your case if you can show:
Medical reports or letters from your doctor about injuries caused by the abuser. If you are on prescription medication due to physical or mental abuse, include this information as well.
Statements from people who have witnessed the abuse. This can include teachers, neighbours, family members, and friends.
Communications including any emails, texts, or messages that show threats or verbal abuse from the abuser.
Police reports or case numbers.
Having as much evidence as possible will strengthen your case and help the court understand the extent of the abuse.
If possible, keep a detailed record of specific incidents, noting what happened and when. This log can be useful in showing a pattern of behaviour.
How long does it take to get an injunction against a family member?
In urgent situations, the court can issue an injunction very quickly, sometimes within a few hours or days. This is known as an ex parte order, where the injunction is granted without the abuser being present. This temporary order provides immediate protection until a full hearing can be scheduled.
For non-urgent cases, the entire process typically takes a few weeks.
Working with a solicitor can help ensure your application is processed as quickly and smoothly as possible.
How long does an injunction against a family member last?
The length of time an injunction lasts depends on the type of injunction and the court’s assessment of the need for ongoing protection. They are typically granted for six to twelve months, but they can be indefinite.
Non-molestation orders typically last 6 months to a year but can be extended.
Occupation orders can be short-term (a few weeks to months) or long-term (up to 6 months or more if extended).
Restraining orders can vary widely in duration, from specified periods to indefinite terms.
Can an injunction be extended or renewed?
An injunction can be extended or renewed if the court believes it is necessary to continue protecting the person seeking the injunction.
To extend an injunction, you or your solicitor will need to file an application with the court before the current order expires.
The court may schedule a hearing to review the evidence and determine whether extending the order is warranted. Then, the judge will decide based on the evidence presented, considering the ongoing need for protection.
What if I need an injunction against a family member but I don’t want to involve the police?
You can obtain an injunction against a family member without involving the police by seeking a non-molestation order or an occupation order through the civil courts.
Consult with a solicitor to guide you through the process, gather the necessary evidence, and represent your case in court.
How do I serve an injunction on an abuser?
After the court grants the injunction, you will receive a sealed copy of the order. This is the official document that needs to be served on the abuser.
The injunction must be served personally on the abuser. This can be done in several ways:
Your solicitor can arrange for a professional process server to deliver the injunction.
A trusted third party can personally hand the document to the abuser.
Once the injunction is served, the person who delivered it needs to complete a certificate of service or a statement of service. This document confirms that the injunction was served and provides details of when and how it was delivered.
The completed certificate or statement of service must be filed with the court. This step is crucial as it officially informs the court that the abuser has been served and is aware of the injunction.
If you are concerned about your safety or the safety of the person serving the injunction, always opt for a professional process server or request assistance from your solicitor.
What should I do if I feel unsafe while waiting for an injunction against a family member?
If you are in immediate danger while waiting for an injunction to be granted you can call the police. You should do so as soon as possible if you or your children are in immediate danger.
You may be eligible for emergency housing known as refuges. They are safe havens for those at risk of experiencing domestic abuse. You can call a domestic abuse helpline if you need to leave your home, they’ll help you make a plan to leave your home safely.
When you are at risk of domestic abuse in your home you are considered ‘legally homeless’. In this case, your local council must help you to find safe housing or ensure your safety at home.
What’s the difference between a civil injunction and a restraining order?
Injunctions and restraining orders can be used for similar purposes under similar circumstances.
The main difference between the two orders is an injunction can require someone not to do something before they are charged with a criminal offence, whereas a restraining order can only be imposed after a criminal case, although the perpetrator doesn’t have to be charged with a crime.
What if the family member denies the allegations?
If the family member denies the allegations, the court will hold a hearing to consider evidence from both sides.
In civil cases, the court makes decisions based on the "balance of probabilities."
This means the judge will decide whose story is more likely to be true, rather than needing to be certain beyond a reasonable doubt.
If the court believes your evidence shows that an injunction is necessary for your protection, they will grant the injunction.
If the court finds the respondent’s denial and evidence more convincing, or if they believe there is not enough evidence to justify an injunction, they may deny your application.
Alternatively, the court may grant the injunction but with certain conditions or modifications based on the evidence and circumstances.
What should I do if my family member ignores the injunction?
Violating an injunction is a criminal offense. If your family member ignores the injunction, call the police immediately. Provide them with a copy of the injunction and any evidence of the violation (e.g., text messages, witness statements).
You should also tell your solicitor about the breach.
Your solicitor can help you apply to the court to enforce the injunction. The court has the power to take various actions against the violator, including:
Imposing fines.
Issuing a warrant for their arrest.
Imposing a community service order.
Sentencing them to imprisonment.
If the situation escalates, you may need additional protective measures. Discuss with your solicitor about applying for a new or extended injunction, or other protective orders that can provide further security.
Find a solicitor to help get an injunction against a family member
Taking action against a family member can be daunting, especially when it involves legal measures like obtaining an injunction.
At Lawhive, we understand the emotional and practical challenges you face in these difficult situations. We are here to make the process as straightforward and supportive as possible, providing you with the peace of mind you deserve.
Why choose Lawhive?
Our team of experienced family law solicitors is on hand to gather the necessary evidence, file your application, and represent your case in court with professionalism and empathy.
By leveraging our tech platform, we offer fast, effective legal services at a fraction of the cost of traditional high-street law firms. This means you can access the protection you need without financial strain.
What's more, you can manage your case from the comfort and safety of your home. Our user-friendly platform allows you to communicate with your solicitor, upload documents, and track your case progress.
Contact us today for a free case evaluation and quote for the services of a specialist solicitor who can help you get an injunction against a family member.