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What is the difference between a restraining order and an injunction?

Restraining orders and injunctions are both types of court order that tell someone not to do something. For example, if you are a victim of domestic abuse you might want a court order to help protect you from your abuser.

The main difference is that a restraining order is issued at the end of a criminal case, but you can ask the court for an injunction even if someone has not been charged with a criminal offence.

What is a non-molestation order?

A non molestation order is a special injunction that aims to prevent a partner or former partner from harming you or your children. By harm we mean actual or the threat of physical violence, any form of harassment or intimidation, as well as psychological abuse. The Respondent will not be present when we first apply so he or she will not find out!

What is an Occupation order?

If you are applying for an occupation order you either have to have a legal right to occupy the home (as joint or sole tenant or owner of that home), or you have to be or have been married to, or cohabiting with, an opposite-sex partner who is the owner or tenant. The court will apply a “balance of harm” test when deciding whether to make the order.

When making an occupation order, the court may make other related orders imposing obligations on you or your abuser (for example, relating to repair and maintenance of the home, or to payment of rent or mortgage).

If you are applying for an occupation order you either have to have a legal right to occupy the home (as joint or sole tenant or owner of that home), or you have to be or have been married to, or cohabiting with, an opposite-sex partner who is the owner or tenant. The court will apply a “balance of harm” test when deciding whether to make the order.

When making an occupation order, the court may make other related orders imposing obligations on you or your abuser (for example, relating to repair and maintenance of the home, or to payment of rent or mortgage).

Who is eligible to apply for an injunction?

In order for you to apply for one of these orders you must be an “associated person”. This means you and your partner or ex-partner must be related or associated with each other in one of the following ways:

1. are or were ever married or engaged to be married

2. are or were ever in a civil partnership or had agreed to form a civil partnership

3. are or were living together (this includes same-sex and opposite-sex couples)

4. live or have lived in the same household, for example as a flat share (but not as 5. a tenant, border, lodger or employee)

6. are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)

7. have a child together

8. have or had parental responsibility for the same child

9. are parties to the same family proceedings for the same child

10.are or were in an intimate personal relationship of significant duration

If you are not eligible to apply for an order under the Family Law Act, or if you are being continually harassed, threatened, pestered or stalked after a relationship has ended, you can also get civil injunctions under the Protection from Harassment Act 1997.

Will the process cost me anything?

Your Solicitor will carry out a Legal Aid Assessment with you to see whether you are eligble for Legal Aid. You will be informed from the outset whether the process will cost you anything, for many people the process is free.

If you want to get an early indication, follow the link below:

https://checklegalaid.service.gov.uk/scope/diagnosis/n43n3/n44