How the Law Can Protect You
How The Law Can Protect You
It is important to know that whatever decision you make, NCDV will listen to you and help you find the best route forward. Applying for an injunction can feel confusing, but we will help you make sense of it all.
What is an Injunction?
The word ‘injunction’ describes any court order that forbids someone from acting in a certain way. The most common kind of protective order is a Non Molestation Order which is what we currently specialise in. There is also a new type of order called a Domestic Abuse Protection Order (DAPO) which is only available in certain areas at this time. Other court orders include Occupation Orders and Prohibited Steps Orders which, if you meet the eligibility and supporting evidence criteria, your solicitor will be able to apply for.
There are two types of order, an emergency (or without notice) means the person you are applying against will not be aware of the injunction until it is served on them. If your circumstances mean you don’t quite meet the criteria for an order without notice, we can help you apply for an order that is on notice. This takes a bit longer and the respondent will be aware.
Types of Injunction
Non-Molestation Order
How it protects you
- Usually forbids an abuser from contacting you or instructing others to contact you. This includes using or threatening physical violence, intimidating, harassing or pestering you. In some circumstances it can also include a clause preventing the abuser from coming within a certain distance of your home or other premises.
- Typically granted for 6 – 12 months but this is at the judge’s discretion and may sometimes be longer.
- If the order is breached, it is an arrestable offence. It is therefore important to document and promptly report breaches to the police.
What is a Domestic Abuse Protection Order (DAPO)?
How it protects you
The purpose of a DAPO is to provide immediate and long-term protection for victims and survivors of domestic abuse. It will offer more comprehensive safeguards than current orders contain, thus better protecting victims and survivors.
DAPO’s will protect you from all forms of domestic abuse, including non-physical abuse and coercive controlling behaviour. They can have various clauses e.g. staying away from a victim’s home, not contacting the victim in any way including via social media and could also include positive requirements such as attending behaviour change programmes, electronic tagging or mental health support for the abuser.
Who can apply for a DAPO?
Anyone can apply. The Police can apply to the magistrate’s court for a DAPO. Victims and survivors can also apply directly to the family court. The Courts can also apply for DAPO’s as part of existing proceedings, even if they are not related to domestic abuse.
The DAPO is currently in a pilot stage and they are not yet available in all areas. It is hoped that they will eventually enhance protection and hold perpetrators to account.
We will talk to you about a DAPO if the abuser lives in one of the pilot areas
Occupation Order
How it protects you.
Regulates the family home, such as:
- Suspending rights to occupy or visit
- Evicting an abuser from the home or allows you back into your home
- Preventing an abuser from returning
- Usually granted for 6-12 months
- A power of arrest can be attached in certain circumstances
If you are working with one of our panel solicitors, they may be able to help you apply for an Occupation Order.
Prohibited Steps Order
How it protects you.
- Forbids someone with parental responsibility from taking your child away from your care and control
- This order is particularly appropriate when the person threatening to take away your child(ren) is ordinarily allowed to have care and control of them.
- No power of arrest attached though police may assist informally or if ordered to do so by the Court. Enforceable in the County Court as contempt of court.
- Does not necessarily prevent all contact between the child(ren) and the respondent if appropriate in the circumstances and does not wholly remove a parent’s responsibility for the child(ren)
If you are working with one of our panel solicitors they may be able to help you apply for a Prohibited Steps Order.
