Injunctions

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A common question we are asked at CP Law Solicitors is

“What is the difference between an injunction also known as a restraining order or a non-molestation order?"

An Injunction is to prevent someone from doing something and in Family Law is to prevent someone from causing you harm. Harm is defined as ‘the harassment, threatening of, intimidation of another putting that person in fear of and/or have suffered psychological, verbal, sexual and/or financial abuse’.

The two main injunctions available to any prospective client who is in fear and/or has suffered harm is a Non-Molestation Order granted by the Family Court or Civil Court and a Restraining Order granted by a criminal court.

The party who complains of the behaviour of the accused is known as the victim and the accused is known as the perpetrator. The parties are known to each other.

A restraining order can be given by a criminal court after a conviction for any criminal offence. The perpetrator is known as the Defendant in criminal proceedings. The purpose of a restraining order is a preventative and protective measure. A restraining order can last for 12 months but can be made for longer depending on the severity of the behaviour complained of.

A Non-Molestation order is made in respect of the victim who is known as the applicant. The perpetrator is known as the respondent. A non-molestation order does not involve the police unless the order is breached by the perpetrator. Breaching a non-molestation order is a criminal offence that can result in the perpetrator being taken to the criminal court. The criminal courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine. A non-molestation order usually lasts from between 6-12 months but sometimes they can be ‘until further notice’ or extended where appropriate.

The purpose of both are to stop the perpetrator from carrying out the following:-

Contacting someone (victim or their friends and family) in any way
Physically assaulting someone (victim or their friends and family)
Harassing someone (victim or their friends and family) over the phone or via social media
Following someone (victim or their friends and family) on the street
Anything else that puts someone (victim or their friends and family) in fear of their safety

If you wish to discuss any family matter then please contact our office and ask for Lee, Sarah or Marianne we will be happy to discuss your options further.

Call our friendly team today on 0345 2413100 or email us for more information

Our Divorce & SEPARATION Experts

Lee Pashen - Director / Solicitor

T: 0345 241 3100

Marianne Tyndall - Solicitor

T: 0345 241 3100

If you would like more information please contact our team by filling out the form below.

Marianne Tyndall is an experienced family solicitor with a calm and good humoured approach to divorce. It is a daunting and emotional process. Marianne made everything clear and dealt firmly with opposition during a difficult divorce. She supported my disabled sister every step of the way and gave her the courage to stand firm, to believe that there would be a good outcome. A fair settlement was made and it could not have been achieved without Marianne's tenacity and commitment.
Jane Small

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2 Anvil Court,
50 Denmark Street,
Wokingham,
Berkshire,
RG40 2BB

0345 241 3100
mail@cplaw.co.uk

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Unit 10,
New Boundary House,
London Road,
Sunningdale,
Berkshire, SL5 0DJ

0345 241 3100
mail@cplaw.co.uk

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