How to apply
You can apply for an ‘injunction’ if you have been the victim of domestic violence. An injunction is a court order that either:
- protects you or your child from being harmed or threatened by the person who has abused you - this is called a ‘non-molestation order’
- decides who can live in the family home or enter the surrounding area - this is called an ‘occupation order’
The person named in the injunction can be arrested if they break it.
Get advice on applying for an injunction from a domestic abuse charity, for example Refuge, Women’s Aid or the Men’s Advice Line.
You may be able to get free legal representation.
If you are in immediate danger of being abused or have been abused, report it to the police.
Apply for an order
- Check if you are eligible to apply for a non-molestation order or an occupation order.
- Download and fill in the application form (form FL401) and make 2 copies.
- Write your witness statement telling the court what has happened and asking for the relevant order.
- At the bottom of the witness statement write a statement of truth. Use the following words: “I believe that the facts stated in this witness statement are true.” Sign and date the statement of truth.
- Download and fill in form C8 if you want to keep your address and telephone number private.
- Deliver or send all the documents to a court which deals with domestic violence cases – there is no fee.
If you need protection immediately, ask for an emergency order when you apply. You do not have to tell the person you want protection from that you are applying so it is known as a ‘without notice’ or ‘ex-parte’ application.
The court will hold a hearing which you must attend. It may issue an order at the hearing.
You will still have to tell that person about your application after the order has been issued.
An emergency order will usually last until you go to the court for your hearing.
If you are 17 or under
If you are under 16 you will need permission to apply from the High Court.
If you are 16 or 17 you will need to appoint a ‘litigation friend’ to represent you in court – this is usually a parent, family member or close friend.
After you have applied
After you have applied you must arrange for the person you are applying to get an injunction against to be told about your application.
You will also be given a document called a ‘Notice of Proceedings’ by the court. This tells you when you need to come to the court to talk about the case at your court hearing.