A victim of domestic violence can apply for an injunction order, which is an order requiring a party to do, or to refrain from doing, certain acts. There are two main types of injunction available: non-molestation orders and occupation orders.
A non-molestation order is aimed at preventing your spouse from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
An occupation order regulates who can live in the matrimonial home and can also restrict your spouse from entering the surrounding area. If you do not feel safe continuing to live with your spouse or if you have left home because of violence, but want to return and exclude your spouse, you may want to apply for an occupation order.
While getting a court order may provide some protection, it isn’t always helpful: sometimes it makes very little difference and it can even (in some cases) be counter-productive. You should therefore consider whether seeking an order is the best course of action for you, before proceeding. For example, are you prepared for your spouse to go to prison if they breach the order? If not, then the order is virtually worthless. Is your spouse going to pay any attention to the order or even likely to react violently to it? I’m not for one moment suggesting that anyone should submit to domestic violence but I’ve seen many cases where applicants have found themselves no safer, or even less safe, after an order has been made. Sometimes, the best course of action is simply to take practical steps to protect yourself, for example getting away from your spouse or going straight to the police for protection.
The order will last for a specified period (which the applicant can subsequently ask the court to extend) or until the court makes a further order.