At Broadbents Solicitors, our family solicitors understand how distressing and overwhelming situations involving domestic abuse can be. No one should feel unsafe in their own home, and urgent legal protection is available when it is needed most. In many cases, the court can consider applications for protective injunctions on the same day.
If you are concerned about your safety or the wellbeing of your family, seeking professional advice as soon as possible can make a significant difference. In this article, we explain how domestic abuse injunctions work, when urgent applications may be necessary, and how our family solicitors can support you through the process with sensitivity and discretion.
If you are somebody who is concerned for your family’s wellbeing or are at a stage where you need instant help, please contact us today! If you would like to understand more on the process and how it all works, this blog is here to do that for you.
What is Considered Domestic Abuse by the Court?
Not everything someone describes as “domestic abuse” will automatically meet the legal threshold in court. The court applies a statutory definition and looks at evidence, seriousness, and context. In England and Wales, the definition comes from the Domestic Abuse Act 2021. The recognised forms of abusive behaviour include:
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Emotional or psychological abuse
- Economic/financial abuse
- Harassment or stalking
The Factors Courts Look Into:
- Severity
- Pattern of behaviour
- Impact on the victim
- Evidence available
What are Domestic Abuse Injunctions & What’s Available?
Domestic abuse injunctions are court orders designed to protect individuals and children from harm, harassment, intimidation, or controlling behaviour. They are civil orders, meaning they are made through the family court rather than the criminal court, although breaching certain orders can result in arrest and criminal consequences.
In England and Wales, these protective orders are made under the Family Law Act 1996. They are intended to provide immediate and practical protection where someone is at risk of domestic abuse.
Domestic abuse injunctions can be applied for urgently, and in some cases the court may consider an application on the same day.
There are two main types of injunction available through the family court:
1. Non-Molestation Orders
A Non-Molestation Order is designed to prevent a person from:
- Using or threatening violence
- Harassing, intimidating, or pestering you
- Contacting you directly or indirectly (including via phone, text, email, or social media)
- Encouraging others to harass or intimidate you
The order can also include provisions to protect children.
Importantly, breaching a Non-Molestation Order is a criminal offence. The police have the power to arrest someone who breaks the terms of the order.
2. Occupation Orders
An Occupation Order regulates who can live in the family home. It can:
- Require an abusive partner or family member to leave the property
- Prevent them from returning to the home
- Restrict them to certain areas of the property
- Allow you and your children to remain safely in the home
The court will consider housing needs, financial circumstances, and the risk of harm when deciding whether to grant an Occupation Order.
Who Can Apply?
You can apply for a domestic abuse injunction if you are “personally connected” to the other person. This includes:
- Current or former partners
- Spouses or civil partners
- People who live or have lived together
- Individuals who share parental responsibility for a child
- Certain family members
The legal definition of domestic abuse is set out in the Domestic Abuse Act 2021, which recognises that abuse is not limited to physical violence and can include controlling, coercive, emotional, and financial behaviour.
When Can You Apply?
You can apply for a domestic abuse injunction if you are experiencing abusive behaviour and need legal protection. This may include threats, harassment, controlling behaviour, or physical violence. You do not have to wait for a situation to escalate further before seeking help.
In urgent cases, the court can consider applications very quickly. Where there is an immediate risk of harm, it may be possible to apply “without notice,” meaning the court can grant temporary protection without informing the other person in advance.
Seeking legal advice at an early stage can help ensure appropriate protection is put in place as swiftly as possible.
Where We Come In
At Broadbents Solicitors we are able to help our clients in many ways. When it comes to these types of cases it is vital that the entirety of our team has a high level of emotional intelligence and can completely resonate with how you feel in order to get the appropriate help as soon as possible. Professional Solicitors are highly beneficial because we ensure your applications are prepared thoroughly and presented effectively in court.
From drafting detailed witness statements to organising supporting evidence and managing strict court timeframes, having experienced legal representation can significantly strengthen your application. We also advocate on your behalf at hearings, ensuring your voice is clearly heard and your safety remains the priority. We want to guide you through the process as best as we can.
Contact Us Today – Broadbents Solicitors
If you believe you or your children may be at risk, seeking legal advice promptly can make a meaningful difference. Our family solicitors are here to provide confidential, supportive, and timely assistance when it is needed most. Contact our team today for advice and support. We have offices in Alfreton and Heanor and provide legal services to clients across Derby and the surrounding areas.
