Legal Remedies

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Going to court may seem intimidating but you should remember that you have a right to live without fear of violence. The court can protect your rights.

Injunctions

Part IV of the Family Law Act provides a set of remedies available in the family courts. You will need to find a solicitor to help you prepare for court (contact one of the support agencies listed in ‘contacts’ for information about local solicitors) or you will need to prepare your own application (see DIY injunctions ). There are two main injunctions (‘civil court orders’) that can protect you. These are:

• A Non-molestation Order: This order prohibits the perpetrator from doing certain things such as molesting, pestering, threatening or assaulting you and your children. It can also prevent him from coming within a certain distance of your home. The Family Law Act 1996 says that the purpose of this order is to make sure of the health, safety and well being of the woman and any children

• An Occupation Order: This order can exclude your partner/the perpetrator from the home, even if there is a joint tenancy in place. This order can also prevent him from coming within a specified area such as 200 yards of your home or a child’s school.
  These orders can have ‘a power of arrest’ attached. This means that if your partner/the perpetrator breaches the order in any way, he may be arrested and even put into prison
  It is possible to obtain ‘without notice’ injunctions. This means that the perpetrator does not have to be notified of the court proceedings in advance. These are commonly used in an emergency.
  In some cases a perpetrator may agree to give the court an ‘undertaking’ that he will not assault you. An undertaking offers less protection than an injunction and you are not obliged to accept it

• DIY Injunction: If you can’t afford a solicitor because you are not entitled to legal funding, Rights of Women have produced a ‘Do It Yourself Handbook’ that explains how to complete an injunction application form and apply directly to the court.
  Visit the contacts link for details on Rights of Women.

Protection from Harassment Act 1997

This law is particularly beneficial in cases where you are being ‘stalked’ or ‘harassed’ by a current or former partner.  You will need to tell your solicitor or legal advisor about the problems you are experiencing and they will help you decide on the best course of action.