Specialists in family law since 1994 we have experience of injunctions and securing injunctions through the protection of the court in cases where domestic violence is a factor.
We are able to assist in the early stages of separation where you and your children might need the protection of the court and can assist you in applying for a non-molestation order and occupation order to regulate the occupation of the matrimonial home and order your partner or spouse to leave or restrict their rights of occupation.
Non-molestation injunctions will usually specify that a person, cannot, whether personally or by instructing or encouraging another person, threaten, harass or pester or use violence against another person.
“Lisa was absolutely amazing in sorting out my very difficult situation. I would highly recommend her to anyone needing her services.”
The protection of the court is not limited only to cases where domestic violence is a factor. The court can grant injunctions if is it satisfied there is a risk of any harm, it may be physical or emotional, to the person applying for the injunction and/or any children.
“I don’t mind saying as I walked from the court back to the car I shed a few tears of total relief as my nightmare finally came to an end. Life can now start again and I can look forward with so much more positivity and control of it.”
An occupation order is frequently applied for alongside a non-molestation order. An occupation order will regulate the occupation of a property. The parties need not be married. The order may specify that a person has to leave the property, or, having left, cannot return, and may apply an ‘exclusion zone’ so that they cannot come within a specified distance of the property. The court will apply what is known as the ‘balance of harm’ test. Evicting someone from a property they are legally entitled to live in is of course a draconian step and so the court has to consider essentially whether the harm to the person being ordered out of the property, by evicting them from their home, is greater than the harm, or risk of harm to the person applying for the order, or any children, if that person is not ordered to leave the house.
It is also possible to apply to the court for an injunction regarding matrimonial assets. A ‘freezing’ order can be applied for to prevent a party from disposing of assets, ie emptying a bank account, selling or transferring an asset. The court has to be satisfied that there is a real risk of disposal and that the intention or the party in disposing of the assets is to thwart a potential financial claim by the other party.
We offer a personal service tailor made for your personal circumstances and budget. You remain in control by being able to refer to us for help and advice as much or as little as you wish, throughout the process or at any stage, and as many times as you need to.