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Legal help


Getting a restraining order or injunction

 
If you are frightened of your current or former partner, you have a right to be protected under the law.   
There are various ways that the law can help you. This can feel overwhelming but there are often processes to help you deal with this.

As a survivor of abuse, you have rights under the criminal law. Being assaulted by someone you know or live with is just as much a crime as violence from a stranger, and often more dangerous. 
As there is someone perpetrating abuse against you, you can apply for a civil court order. A court order can stop a perpetrator from harassing or hurting you by telling them to keep out of your home, or away from where you live.  

Legal services and the law can also help to protect children by giving you emergency or temporary accommodation for your safety. You can apply to the Family Courts for an order specifying where and with whom the children should live and regulating contact with the other parent. A Family Court deals with legal issues which have come from family relations. They deal with cases relating to the upbringing of children, divorce and associated legal issues at the end of a relationship and support for children after relationship breakdown. 


Domestic abuse is dealt with both under the criminal law and the civil law. The two systems are separate and are administered by separate courts. 

  • The civil law is mainly aimed at protection (or in some cases compensation). A survivor of domestic abuse can make an application for an injunction (a court order) either to the Family Proceedings Court or the County Court. This is usually done through a solicitor. Other family proceedings, such as child contact or divorce, also take place in the County Court.

  • The criminal law is primarily aimed at punishing the offender, the person who has committed the abuse. The police and the Crown Prosecution Service (CPS) initiate the process. Criminal cases are heard in either the Magistrates’ Court or the Crown Court depending on how severe the charge is.  


Legal support services 

If you have a legal issue, you should seek proper legal advice. These organisations can support you:  

Rights of Women run a Legal Advice Lines for women by women. Their advice lines cover family law, criminal law, immigration and asylum law and they have a specific line for women in London. Some lines have access to multilingual interpreters, and you can also get in touch using the NGT Lite Text Relay App www.rightsofwomen.org.uk

National Centre for Domestic Violence (NCDV) helps anyone to apply for an injunction within 24 hours of first contact (in most circumstances). Call freephone 0800 970 2070.  

Domestic Violence Assist are the UK’s only registered charity arranging Non-Molestation Orders, Prohibited Steps Orders & Occupation Orders. Call their freephone number on 0800 195 8699 or email [email protected]

Civil Legal Advice can help you find out if you’re eligible for Legal Aid at the government website.  

Local legal support:

What do I need to know about injunctions and how do I get one?

An injunction is a court order that requires someone to do or not to do something. If you are worried about your immediate or ongoing safety, you can apply for one to help you gain protection. It’s important to get legal advice and consider all your options before going ahead with legal action. 

When considering an injunction, there are two main types available under Part 4 of the Family Law Act 1996: a non-molestation order and an occupation order. Each have different aims.  

  • A non-molestation order is aimed at preventing your partner or ex-partner, or other family member, from using or threatening violence against you or your child, intimidating, harassing or pestering you, in order to ensure the health, safety and wellbeing of yourself and your children. If someone breaks the terms of their non-molestation order, known as a breach, it’s a criminal offence. You can report this to the police to take your abuser back to the criminal court, or start civil proceedings by applying to the court that made the order (usually the family or civil court).

  •  An occupation order regulates who can live in the family home, and can also restrict a perpetrator from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of the abuse but want to return and exclude the perpetrator, you may want to apply for an occupation order. You can apply for an occupation order if you own or rent the home and it is or was to be shared with your partner, family member or parent of your child; you don’t own or rent the home but you’re married to or in a civil partnership with the owner and you’re living in the home; or if your former partner is the owner or tenant and it was or was intended to be a shared home. The court will apply a “balance of harm” test when deciding whether to make the order. This will determine who will suffer the most if an order is not made. If you are applying for an occupation order and do not have a legal entitlement to occupy the property, the court must apply the “balance of harm” test.  When making an occupation order, the court may make other related orders imposing obligations on you or your abuser. These could include repair and maintenance of the home, or payment of rent or mortgage.

To apply for an order, 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: 

  • Are or were married or engaged to be married.  
  • Are or were in a civil partnership or had agreed to form a civil partnership.  
  • Are or were living together (this includes same-sex and opposite-sex couples). 
  • Live or have lived in the same household, for example as a flat share (but not as a tenant, border, lodger or employee). 
  • Are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation).  
  • Have a child together. 
  • Have or had parental responsibility for the same child. 
  • Are parties to the same family proceedings for the same child. 
  • Are or were in an intimate personal relationship of significant duration e.g. six months, but they can be renewed or may be made “until further order”. Non-molestation orders can be extended but occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home, for example if you are the owner or co-owner, tenant or joint tenant, or because you are or have been married to the owner/tenant.  

When you have an injunction, you may have a power of arrest attached, and you can also have powers of arrest attached to an occupation order. These powers come into effect if your abuser breaks the order.

How can I get an injunction?

What’s a restraining order and how can I get one?
What happens if I involve the police?
Understanding the Criminal Prosecution Process

Clare’s Law

Clare’s Law, also known as the Domestic Violence Disclosure Scheme (DVDS), allows women who are concerned about possible abusive behaviour to request information about their partner from the police. A close friend or family member can also apply if they believe someone is at risk of abuse. 


You can make a request under Clare’s Law by finding and contacting your local police service, calling the non-emergency number 101, or by visiting your local police station. The maximum time to complete the whole process is 35 days.  
Once an application has been made, the police will carry out a range of checks along with other partner agencies, such as the probation service, prison service or social services. If there is a record of violent or abusive offences, or if the police feel there is a risk of abuse or violence, they will consider sharing this information with you. A person’s previous convictions are treated as confidential, and the information will only be disclosed if it is lawful and proportionate, and there is a pressing need to make the disclosure to prevent further crime.  

If the checks do not show that there is a pressing need to make a disclosure to prevent further crime, the police will tell you that. This may be because your partner or potential partner does not have a record of abusive offences or there is no information held to indicate they pose a risk of harm to you. If this is the case, it does not mean they are not showing worrying behaviour and what your experiencing is not domestic abuse.