Get an injunction if you've been the victim of domestic abuse (original) (raw)

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either:

• protects you or your child from being harmed or threatened by the person who’s abused you - this is called a ‘non-molestation order’
• decides who can live in the family home or enter the surrounding area - this is called an ‘occupation order’

Before you apply, check if you’re eligible for a non-molestation order or an occupation order.

The person named in the injunction can be arrested if they break it.

There’s no fee when you apply, but you can choose to pay for legal advice to help you. Check if you can get legal aid, which can help to pay for legal advice.

You can also get advice on applying for an injunction from a charity, for example Refuge, Women’s Aid, Citizens Advice or the Men’s Advice Line.

Apply online

You can use the RCJ Citizens Advice CourtNav service to prepare an injunction application online.

You’ll need to:

• create an online account
• explain what happened to you
• include the name and address of the person who’s abused you

As part of your application, you can choose a law firm to review it.

If you’re unable to get legal aid or pay for legal advice, your application can be sent back to a legal adviser at RCJ Citizens Advice to check for free.

The legal adviser will tell you if you need to make a court application and how to submit one.

You can ask to have your hearing over a video or phone call if, for example, you need extra protection or it’s hard for you to come to court. You’ll need to explain your reason when you apply.

Apply by email, post or in person

1. Download and fill in the application form.
2. Write a supporting statement that explains what happened to you. You can either use the template included with the application form, or you can write your own. If you write your own, follow the guidance below under ‘If you write your own supporting statement without the template’.
3. Download and fill in form C8 if you want to keep your address and telephone number private.
4. Email, post or hand in the documents to a court which deals with domestic abuse cases. If you fill in your application form and supporting statement by hand, you may need to submit multiple copies of each. Check the last page of the application form to see how many copies you need.

If you write your own supporting statement without the template

You must include a ‘statement of truth’ at the bottom of your supporting statement. Use the following words:

“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. I believe that the facts stated in this form and any continuation sheets are true.”

You must sign and date your statement of truth.

Emergency orders

If you need protection immediately, ask for an emergency order when you apply. You do not have to tell the person you want protection from that you’re applying so it’s known as a ‘without notice’ or ‘ex-parte’ application.

The court will hold a hearing which you must attend. It may issue an order at the hearing.

You’ll still have to tell that person about your application after the order has been issued.

An emergency order will usually last until your hearing.

If you’re 17 or under

If you’re under 16 you’ll need permission to apply from the High Court.

If you’re 16 or 17 you’ll need to appoint a ‘litigation friend’ to represent you in court – this is usually a parent, family member or close friend.

After you’ve applied

After you’ve applied you must arrange for the person you’re applying to get an injunction against to be told about your application.