Domestic Violence and Injunction Lawyers in Yorkshire.

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The dedicated family law team at Holden Smith Law can help protect you and your family from domestic abuse.

We can prepare and submit an application for an injunction promptly if required. Where the circumstances meet the relevant urgency criteria, we can ask the court to arrange an urgent hearing or, in appropriate cases, consider the application without first notifying the other party.

To speak to one of our family law solicitors, don't hesitate to contact our team. You can call one of our offices or complete our online enquiry form.

To speak to one of our family law solicitors, don't hesitate to contact our team. You can call one of our offices or complete our online enquiry form.

What is an injunction?

An injunction is a court order requiring a person to do, or refrain from doing, specified acts. In family law proceedings, injunctions can help to protect individuals and children from abuse, violence, threats, harassment and coercive or controlling behaviour.

We specialise in obtaining and advising on non-molestation orders and occupation orders. Depending on the circumstances, the court may grant either or both orders.

What is a non-molestation order?

A non-molestation order is used to protect a party or a relevant child from harassment or domestic abuse. It can prohibit someone from contacting or approaching you, visiting your home or workplace, threatening or using violence or asking another person to contact or harass you.

The court will have regard to all the circumstances of your situation when deciding whether to grant a non-molestation order.

Breaching a non-molestation order without a reasonable excuse is a criminal offence and may result in a fine, arrest or imprisonment.

What is an occupation order?

An occupation order is a court order that decides who can live in, return to or enter the family home. It can require someone to leave the property, prevent them from returning or regulate how different parts of the home are used. It is often used to protect a person and their children from domestic abuse.

When deciding whether to make an occupation order, the court may consider the parties’ housing needs and resources, financial circumstances, conduct, health, safety and wellbeing, and the effect on any relevant child. The precise legal test depends on the parties’ relationship and their rights in the property.

Why Choose Holden Smith?

Applying for an injunction can be emotionally difficult, particularly where there is an immediate concern for your safety or that of your children.

Our compassionate family law team has more than 20 years of combined experience in supporting individuals through injunction proceedings. We understand that taking legal action can feel daunting and will provide clear, discreet and confidential guidance throughout the process.

What is an occupation order?

An occupation order is a court order that decides who can live in, return to or enter the family home. It can require someone to leave the property, prevent them from returning or regulate how different parts of the home are used. It is often used to protect a person and their children from domestic abuse.

When deciding whether to make an occupation order, the court may consider the parties’ housing needs and resources, financial circumstances, conduct, health, safety and wellbeing, and the effect on any relevant child. The precise legal test depends on the parties’ relationship and their rights in the property.

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How do I obtain an injunction?

An application for a non-molestation order or occupation order is usually made to the Family Court using the relevant form. Depending on the applicable court procedure, the application may be submitted online or by another permitted method.

The application will generally be supported by a statement explaining your relationship with the respondent, the history of the abuse or relevant conduct, any recent incidents, the effect of the conduct on you and any children, why protection is required and the terms of the order you are asking the court to make.

It is always helpful to provide supporting evidence wherever possible.

How are injunctions enforced?

Breaching a non-molestation order without reasonable excuse is a criminal offence. The police may arrest a person suspected of breaching the order, and a conviction may result in a fine or imprisonment.

Breaching an occupation order is generally dealt with as contempt of court. If the order has a power of arrest attached to it, the police may arrest the respondent for breaching the relevant terms.

The respondent will ordinarily need to have been served with the order, or otherwise informed of its terms, before enforcement action can be taken.  Any breach should be documented and reported promptly. If there is an immediate risk of harm, you should call 999.

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Domestic Abuse support services

If you are in immediate risk of harm, call 999. The police can come to your aid immediately and remove any threat to you and your family.

The organisations listed below can offer discreet support to those facing domestic violence

Refuge (for women and children)

Phone 24/7: 0808 2000 247

Website: https://www.nationaldahelpline.org.uk/how-we-can-support-you/

Men’s Advice Line

Phone (Mon - Fri 10am - 5pm): 0808 8010 327

Website: https://mensadviceline.org.uk/contact-us/

Frequently Asked Questions

  • The timescale depends on the urgency and complexity of the case. Where there is an immediate risk of harm, the court may consider an urgent application on the same day or shortly afterwards, sometimes without notifying the respondent beforehand.

    Non-urgent or contested applications can take several weeks or longer to reach a final hearing. The timing will depend on the available evidence, whether the application is disputed and the court’s availability.

  • An application for an injunction may be funded privately, or subject to financial and eligibility requirements, through legal aid.

    Holden Smith Law does not undertake legal aid work. However, our family law team can discuss your circumstances and provide clear information about the likely costs involved. 

  • Yes. If the other party opposes the non-molestation order, the court will usually give directions for both sides to provide written evidence and list a contested hearing. At that hearing, the court will consider the evidence and decide whether to make, continue, vary or discharge the non-molestation order. Any interim order will remain in force in accordance with its terms unless it expires or the court varies or discharges it.

  • A non-molestation order protects a person or a relevant child from abuse, threats, harassment, intimidation or unwanted contact.

    An occupation order determines who can live in, return to or enter the family home.

  • There is no statutory definition of “molestation”. It can include violence, threats, harassment, intimidation, coercive or controlling behaviour, stalking, persistent unwanted contact, and psychological, emotional or sexual abuse. The court will consider the nature and effect of the conduct and whether protection is required. Physical violence is not necessary for a non-molestation order to be made.

    Physical violence is not required for the court to make a non-molestation order.

  • No. You may apply for an injunction if you and the respondent are legally classed as “associated persons”. This can include relatives, current or former partners or cohabitants, people who live or have lived in the same household, and those who are parents of, or share parental responsibility for, the same child. This is not an exhaustive list, and other statutory categories may apply.

  • A restraining order is a protective order made by a criminal court. It may be made following a conviction, or in certain circumstances, an acquittal. By contrast, non-molestation and occupation orders are made by the Family Court under the Family Law Act 1996.

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The family law team at Holden Smith Law can help you apply for an injunction. To speak to the family law team at Holden Smith Law, call one of our offices or complete our online enquiry form.