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Stapleton Gardner & Company

Family Law - Domestic Abuse

If you are experiencing domestic abuse we can advise you of the options available to you which might require you to issue Injunction proceedings. Depending upon the circumstances an application for an Injunction will be issued as an emergency on the same day you see us. Sometimes giving the other party 2 days notice is more appropriate.

An Injunction is a court order which regulates what somebody should or should not do. Various aspects of a persons behaviour towards you might warrant an Injunction and if obtained will make it very clear what the court considers to be a breach. A change in the law means that a breach of an Injunction is now criminal offence and the offender can be sent to prison. The court also has the power to make an Occupation order which allows for the removal of the person you share your home with. This is a drastic order and one not made lightly.

  • A person breaching an Injunction order will be brought before the Magistrates’ court.
  • Injunction orders are usually temporary and time limited.
  • Breach of an Occupation order is treated as a contempt of court punishable by fine or prison.
  • Injunction orders can prevent threats as well as harassing or pestering behaviour.