Court Orders for Domestic Abuse
The different court orders around domestic abuse
While there are many orders in the Family Court, there are two types of court orders for domestic abuse (‘injunctions’) that you may be able to apply for:
- A non-molestation order – This aims to prevent someone from being violent, threatening violence, harassing or intimidating you. If the abuser does not stop, it is an arrestable offence and they could end up in prison for up to 5 years.
- An occupation order – This is to exclude someone from your home.
There are also Prohibited Steps Orders, Specific Issues Orders, Child Arrangement Orders and Port Alerts
Listen to Cris McCurley and Tina McInerney talk about legal options
What support you can get for an injunction order
What to do to get an order
If you live in England or Wales, you may qualify for legal aid if you have evidence that you or your children have been victims of domestic abuse or violence.
If you are receiving universal credit or welfare benefits, you may qualify for legal aid. To apply for legal aid, you will need to give a copy of your 3 most recent bank statements, 3 months’ worth of payslips or evidence of benefits and a letter showing proof of rent.
Getting literacy support
Court fees and Legal Aid
The most common questions asked of our family lawyer
Tina is an Irish Traveller woman and she asked family lawyer Cris McCurley the common questions we hear on the helpline.
Listen below:
What is the role of the family lawyer?
Can I get an order if my partner isn’t physically violent?
Do I have to report to the police?
How do I get an order and is it safe?
Have you worked with Traveller women and children? What would you tell them?
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For a step-by-step explanation of the process, you can watch the video made by Advice Now here. It is 20 minutes long, so be aware of this before you click play.
Find local support
To find local support, you can use the FLOW service – insert your postcode below: