What is an Abuse Injunction?
An abuse injunction is a type of court order designed to protect someone from domestic or family abuse. It gives legal protection to individuals who are at risk of harm from a partner, ex-partner, family member, or someone they live with. Abuse injunctions are most commonly used in cases involving domestic abuse, which can include physical violence, threats, harassment, emotional abuse, or controlling behaviour.
When the court grants an abuse injunction, it can restrict the abuser’s actions in several ways. For example, the order may prevent them from contacting you directly or indirectly, coming near your home or workplace, or threatening or intimidating you. Breaching an injunction is a criminal offence, which means the police can intervene if the order is broken, providing an extra layer of security.
Acting quickly to get legal protection is important if you feel unsafe or threatened. Applying for an injunction can help stop further harm and give you time to make decisions about your next steps. The law recognises the urgency of these situations, and courts can sometimes grant emergency injunctions without notifying the other person in advance.
Abuse injunctions are just one form of legal protection available. There are other types of protective orders that may be suitable depending on your circumstances, such as non-molestation orders or occupation orders. Understanding your rights and the legal options available is a key step in safeguarding yourself and any children involved.
If you are experiencing or at risk of abuse, learning more about what constitutes domestic abuse and the legal protections you can access is crucial. These measures are in place to help you stay safe and regain control over your life.
Who Can Apply for an Abuse Injunction?
Anyone who has experienced or is at risk of experiencing abuse in a domestic or family setting may be eligible to apply for an abuse injunction. Typically, this includes individuals who have suffered harm or threats from a partner, ex-partner, family member, or someone they live with. The law recognises a broad range of relationships under domestic abuse protections, including spouses, civil partners, cohabitants, relatives, and those who share parental responsibility for a child.
In some cases, close family members or legal representatives can apply on behalf of someone who is unable to make the application themselves, such as a child or a vulnerable adult. The court will always consider the nature of the relationship between the applicant and the respondent (the person the injunction is sought against), as well as the specific circumstances of the alleged abuse.
It is important to act quickly if you or someone you know is in immediate danger. The court can issue emergency orders to provide fast protection, sometimes without notifying the other party first (known as ‘without notice’ or ex parte applications). Acting promptly can help ensure your safety and strengthen your case.
When deciding whether to grant an injunction, the court will look at evidence of abuse, the risk of further harm, and the impact on everyone involved. The court’s primary concern is always the applicant’s safety and wellbeing.
For a full explanation of what an injunction is and how it works, you can read this detailed guide. If you are unsure whether you qualify or need urgent help, consider seeking advice from a legal professional or a support service specialising in domestic abuse.
What Evidence is Needed to Apply?
When applying for an abuse injunction, the evidence you provide is crucial. The court relies on this information to decide whether to grant you protection, so it’s important to gather and present it carefully.
Types of Evidence
You can support your application with a range of evidence, including:
Witness statements – Your own account is vital. Clearly describe what happened, when, and how it made you feel. Statements from friends, family, neighbours, or professionals who have seen or heard the abuse can also help.
Photographs – Images of injuries, damage to property, or threatening messages (such as texts or emails) can provide strong visual proof.
Medical reports – If you have seen a doctor or visited hospital due to the abuse, medical records and reports can show the harm you have suffered.
Police reports – If you have reported incidents to the police, copies of police reports or crime reference numbers are useful evidence.
Other documentation – This may include diary entries, letters, social media messages, or any other records that show the abuse or its impact.
Documenting Abuse Clearly and Promptly
It’s important to record incidents as soon as possible while details are fresh in your mind. Write down dates, times, and descriptions of what happened. Keep any evidence in a safe place, and consider making copies or storing digital records securely.
How the Court Uses Evidence
The court examines all the evidence you provide to decide whether an injunction is necessary to protect you. Judges look for clear, consistent accounts and supporting material. They consider whether there is a real risk of harm and whether the injunction is needed to prevent further abuse. The rules for what evidence is required and how it should be presented are set out in the Civil Procedure Rules 1998, Part 25.
Gathering Evidence Safely and Legally
Your safety comes first. Only collect evidence if it is safe to do so – never put yourself at further risk. Do not secretly record conversations unless you are sure it is legal and safe in your situation. If you are unsure, or need help gathering evidence, you can contact a support service or speak to a trusted professional for advice.
Remember, the court understands that not everyone will have the same kind or amount of evidence. Even if you do not have physical evidence, your own statement describing the abuse is still important. If you need further guidance on preparing your evidence, you can find more information in the official Civil Procedure Rules or ask the court for advice.
How to Apply for an Abuse Injunction
How to Apply for an Abuse Injunction
Applying for an abuse injunction is an important step in protecting yourself from domestic abuse or harassment. Here’s a clear guide to the process, what to expect, and where to find support.
Step 1: Prepare Your Application
To begin, you’ll need to complete the relevant court forms for the type of injunction you are seeking. This usually involves providing details about your situation, the nature of the abuse, and why you need protection. Be as specific as possible, including dates, times, and examples of abusive behaviour. You may also need to prepare a witness statement explaining your circumstances in your own words.
Step 2: Gathering Evidence
The court will need evidence to support your application. This can include:
Statements from yourself or witnesses
Medical or police reports
Photographs of injuries or property damage
Text messages, emails, or other communications showing abuse
Collect and organise any documents that support your case, as these will help the court understand your situation.
Step 3: Submitting Your Application
Once your forms and evidence are ready, you must submit your application to your local family court. Applications can usually be delivered in person, by post, or, in some cases, online. Check with your local court for specific submission methods and opening times.
If you are in immediate danger, you can apply for an emergency (ex parte) injunction. This means the court can grant protection without notifying the other person first, offering urgent safety while a full hearing is arranged.
Step 4: What Happens at Court
After your application is submitted, the court will schedule a hearing. If you have applied for an emergency injunction, the first hearing may happen very quickly, sometimes on the same day.
At the hearing, you will have the opportunity to explain your case to the judge. The respondent (the person you are seeking protection from) may also be given a chance to present their side, unless the hearing is held without notice for urgent reasons. The judge will consider all the evidence before making a decision.
If the judge grants the injunction, they will explain the terms clearly, including what the respondent must or must not do. The injunction will usually be set for a specific period, but you can apply to extend it if needed.
Step 5: After the Hearing
If your injunction is granted, copies will be sent to the police and the respondent. Breaching an injunction is a serious offence, and you should report any breaches to the police immediately.
If your application is refused, the court will explain the reasons, and you may be able to appeal or reapply if your circumstances change.
Getting Legal Advice and Support
Applying for an injunction can feel overwhelming, but you do not have to go through it alone. You can seek help from a solicitor, or access free guidance and emotional support from specialist organisations. For more information on practical help and finding someone to talk to, visit our abuse support services page.
Legal Framework
The process for applying for an injunction is governed by UK law, in particular the Injunctions Act 1978. This sets out the legal basis for when and how courts can grant injunctions to protect individuals from harm.
Taking legal action to protect yourself is a big decision. If you are unsure about any part of the process, don’t hesitate to seek advice or reach out for support.
What Can the Court Do to Protect You?
When you apply for an injunction, the court has several ways it can act to protect you from abuse or harassment. The exact restrictions will depend on your situation, but here are some of the main protections the court can offer:
Types of Restrictions
No-contact orders: The court can order the abuser not to contact you directly or indirectly. This includes phone calls, messages, social media, or asking someone else to contact you on their behalf.
Exclusion from your home: The court can require the abuser to leave your home, even if they have a legal right to live there. In urgent cases, this can happen very quickly to ensure your safety.
Prohibition from certain locations: The abuser may be banned from coming near your home, workplace, or your children’s school.
These restrictions are designed to create a safe distance between you and the abuser, helping to prevent further incidents of abuse or harassment.
How Injunctions Help Prevent Further Abuse
By setting clear legal boundaries, injunctions make it a criminal offence for the abuser to breach the order. If the abuser ignores the court’s instructions, you can call the police, who have the power to arrest them. This immediate consequence acts as a strong deterrent and gives you added protection.
Duration and Extensions
Most injunctions are granted for a specific period, often between six months and a year, but the court can set any timeframe it feels is necessary. If you still need protection when the order is due to expire, you can apply to the court to extend it. There is no strict limit on how many times an injunction can be renewed, as long as you continue to need protection.
Related Protective Orders
Depending on your circumstances, the court might suggest different types of orders. For example, a non-molestation order is specifically designed to prevent someone from using or threatening violence, harassing, or intimidating you. If your main concern is about staying in your home and keeping the abuser away, an occupation order can help by deciding who has the right to live in the family home.
Each order offers different types of protection, and in some cases, you might need more than one to fully address your safety needs. The court will look at your situation carefully and explain which options are best for you.
If you are unsure which injunction or order is right for your circumstances, consider seeking legal advice or support from organisations that help victims of domestic abuse. The right protections are available to help keep you and your family safe.
Changing or Ending an Injunction
An injunction is designed to offer protection, but sometimes circumstances change. If you or the person named in the injunction need to alter its terms, or if the order is no longer needed, it is possible to apply to the court to vary (change) or discharge (end) the injunction.
When Can an Injunction Be Changed or Ended?
Injunctions can be varied or ended if there has been a significant change in circumstances. For example, you may need to:
Extend the duration of the order for continued protection
Change specific terms, such as altering the areas someone is prohibited from entering
End the order if it is no longer necessary
The court will only agree to these changes if it is satisfied that it is safe and appropriate to do so.
How to Apply to Vary or Discharge an Injunction
To change or end an injunction, you must make a formal application to the court that issued the original order. This usually involves:
Completing the relevant court forms, explaining the reasons for your request.
Providing evidence to support why the change or end to the order is needed.
Attending a court hearing, where a judge will consider your application and any objections from the other party.
The process is governed by the Civil Procedure Rules 1998, Part 25, which set out how interim injunctions can be varied or discharged. If your injunction was made under the Family Law Act 1996, Section 42, these rules also apply to non-molestation and occupation orders in cases involving domestic abuse.
Why Legal Advice Is Important
Before seeking any changes to your injunction, it is strongly recommended to get legal advice or support from a specialist service. Changing or ending an order can impact your safety and legal rights. An adviser can help you understand the risks, prepare your application, and represent your interests in court.
For more detailed guidance on the process, including step-by-step instructions and what evidence you may need, see our page on changing or ending an order.
If you are unsure about your options or need urgent help, reach out to a solicitor or a domestic abuse support service before taking any action. Your safety and wellbeing should always come first.
Additional Support After Applying
After applying for an injunction, it’s important to know that legal protection is just one part of staying safe and moving forward. Many people find it helpful to access additional support, whether it’s practical help, emotional support, or advice on rebuilding their lives.
Support Services for Victims of Domestic Abuse
Specialist organisations can offer confidential advice, counselling, and practical assistance tailored to your situation. These services can help with safety planning, finding a refuge, and accessing ongoing emotional support. You can find more information and connect with local or national services through our abuse support services page. For a comprehensive overview of available help, including helplines and online resources, visit the HM Government Guidance on Domestic Abuse.
Financial and Housing Assistance
Leaving an abusive situation often brings financial and housing challenges. If you need help with emergency accommodation, securing a place to live, or managing your finances, there are schemes and benefits you may be eligible for. Local authorities can assist with emergency housing, and you may be able to claim benefits such as Universal Credit or support with council tax. For detailed guidance on what help is available and how to access it, see our section on financial and housing assistance.
Looking After Your Wellbeing
Legal protection is vital, but your wellbeing is equally important. Many people benefit from ongoing support, whether that’s talking to a counsellor, joining a support group, or seeking specialist advice. Remember, you are not alone – help is available to support your recovery and help you regain control of your life.
If you are in immediate danger, always call 999.
For further advice on staying safe, finding support, and planning your next steps, explore our abuse support services and financial and housing assistance pages, or visit the HM Government Guidance on Domestic Abuse for more information.
