Who can apply for an injunction?

There are some restrictions on who can apply for a Non-Molestation Order or an Occupation Order.

If you are entitled to live in the home because you own it (including where there is a mortgage, you are a tenant (your name is on the rent book) or you are the husband, wife or civil partner of the owner you can apply.

You can also apply if you are an 'associated person' this means you are related, have lived together, have shared a house (but not as landlord and tenant) or have had an intimate personal relationship with the other person.

You cannot get an Occupation Order or a Non-Molestation Order against other people, for example neighbours, someone you went out with a few times or know from work who is harassing or stalking you, but the courts have other powers to make orders to protect you in such cases.

The judge decides whether to make the order. He or she will hear evidence from you and other witnesses and the abuser and decide what orders to make. If the court is asked to make an Occupation Order the Judge must compare the harm to the alleged abuser (and any child they are caring for) of being excluded with the harm to the victim (and any child they are caring for), which is attributable to the abuser's conduct.

What the courts can do if the injunction or undertaking is breached

If there is a Non-Molestation Order or a power of arrest was added to an Occupation Order, the police can arrest the abuser for breach of the injunction and keep him in custody until he is brought before the court. There must be a hearing so that a judge can decide how to deal with the breach and the abuser can be represented. The victim may need to give evidence.

If there is no power of arrest or the court accepted an undertaking from the abuser, the victim has to go back to court and apply for the abuser to be committed if he breaches the order. This is a formal process and the court will need to consider evidence to decide how serious the breach is.

In either case, the abuser can be sent to prison for breaching the injunction.