Injunctions - The New Law

This type of order may require your partner to vacate the family home, if they have not left or exclude your partner from returning to the property if they live elsewhere.  Such an order can also prevent your partner from coming within a certain area, for example within 100 meters of the property. This order will last for a period of time which will be specified in the order and is not a permanent arrangement.

It is possible, if you have a large property, for the court to define how the two of you live in the property. For example the court could make an order that you live in certain parts of the property and your partner in other parts.  These orders are fairly unusual, as the property would need large enough to do this. This type of order is unlikely to be suitable for the average house.

These injunctive orders prevent your partner from molesting you and/or your children.  This can be widely interpreted to include harassing, pestering and threatening behaviour, as well as actual violence. An order can also prevent your partner from trying to intimidate or threaten you through other people.

We will advise you personally about your own specific needs as everyone's situation is different. To apply for an order we will need to take your instructions to enable us to prepare the application papers. At court your partner will be kept away from you if you are worried about their presence.  You can be assured that any inappropriate behaviour by your partner at court will be dealt with by the security staff.

Where an application is urgent, for example an incident has occurred that day or the day before, an “ex parte” application can be made to the court.  The application is made without notice being given to your partner of your intention to apply for an order.  Once an injunction is obtained in this manner, your partner must be served with the court papers before the order becomes legally binding upon them. The order will require your partner and you to appear before the judge, usually between 7 and 14 days after the ex-parte order has been made. Your partner will then need to indicate to the court whether they accept the order or whether they will contest it. If accepted a final order will be made, if contested there will be a hearing (trial) to decide whether the ex-parte order should continue as a final order or come to an end.  Once a final injunction order is made this will usually last between 6 to 12 months, but if the circumstances still exist after this time, it can be extended.

For an injunction to be effective you must be willing to use it by calling the police when your partner disobeys the terms of the order. You must also notify us of any breach as soon as you are able. 

If your partner does breach the terms of the non-molestation order, the court will take appropriate steps to enforce the terms of the order which may result in your partner receiving a prison sentence.


The latest Act of Parliament, the Domestic Violence, Crime and Victims Act 2004 , states that a breach of a non-molestation order is a criminal offence. This act also extends the law to provide protection for same-sex couples.
Enforcement of the occupation order is a different procedure. If a power of arrest is attached to the order the police should be called. Your partner will be dealt with at court for the breach of the order but in a civil way rather than a criminal way. You will need to notify us as soon as possible about the breach so that we may represent you at court.

This article has been written giving examples for couples however it is possible to obtain these orders against certain family members and other persons, provided they fall within the legal definition of “associated” persons. We can of course advise you whether you are eligible to seek protection under this area of family law. We, at Family Law Consultants are very experienced in the area of domestic violence and can help you gain the protection that you deserve.