Protecting Yourself and Your Loved Ones: Taking the First Step Towards Safety
In a world where safety and security should be paramount, many individuals face distressing situations that leave them feeling vulnerable. Experiencing harassment, domestic violence, stalking, or sexual assault can be deeply traumatic, leaving lasting emotional and psychological impacts on those affected.
If you are experiencing any of these threats for forms of abuse, you may be wondering: How to get a restraining order? Taking legal action can feel overwhelming, but understanding the process can help you take the necessary steps to protect yourself and regain peace of mind.
NO ONE SHOULD SUFFER DOMESTIC VIOLENCE OR ABUSE. IF YOU FEEL THAT YOU OR YOUR CHILDREN ARE IN ANY IMMEDIATE DANGER THEN YOU MUST CALL THE POLICE. ALTERNATIVELY, CALL REFUGE ON 0808 2000 247, THE CHARITY FOR WOMEN AND CHILDREN AGAINST DOMESTIC VIOLENCE.
We explain the legal process involved in filing for a restraining order, and the crucial role of solicitors like Lloyd Platt & Co’s Harassment and Domestic Abuse Lawyers in London in helping secure these protective measures.
Understanding Restraining Orders, Injunctions, Emergency Orders and Protection Orders
If you are seeking protection from harassment, domestic abuse, or potential harm, you have access to various legal remedies in the UK. These include restraining orders, injunctions, and emergency orders, each serving distinct purposes and having specific application procedures.
Restraining Orders
A restraining order is a legal directive issued by a court to prevent an individual from engaging in specific behaviors, typically to protect a person from harassment or threats. In the UK, restraining orders can be imposed by the criminal courts upon conviction or acquittal of any criminal offense. This means that even if a defendant is found not guilty, the court may still issue a restraining order if it deems it necessary to protect the victim or any other person from harassment by the defendant.
The primary purpose of a restraining order is preventive and protective, aiming to safeguard individuals from further harassment or conduct that could cause fear of violence. The specific prohibitions or requirements imposed by the order will depend on the circumstances of the case. Breaching a restraining order is a criminal offense and can result in penalties, including imprisonment.
Injunctions
An injunction is a civil court order that either prohibits an individual from performing certain acts (prohibitory injunction) or requires them to perform specific actions (mandatory injunction). In the context of personal protection, two primary types of injunctions are commonly utilised:
- Non-Molestation Orders: Designed to protect victims of domestic abuse, these orders prevent an abuser from using or threatening violence, intimidating, harassing, or pestering the victim. They can also prohibit communication with the victim through various means, including phone calls, text messages, or social media. Breaching a non-molestation order is a criminal offense.
- Occupation Orders: These orders determine who has the right to live in the family home, regulate the occupation of the family home or enter the surrounding area. They can, for example, exclude an abuser from the home, even if they are a legal owner or tenant. Occupation orders are particularly useful when victims need immediate protection and a safe living environment.
To apply for an injunction, individuals typically need to complete the appropriate application forms and provide a supporting statement detailing the incidents of abuse or harassment. Legal advice is advisable to ensure the application is correctly prepared and to understand the process fully.
Emergency Orders
If an individual is at immediate risk of harm, they can apply for an injunction ‘without notice’ or ‘ex-parte’ application to the abuser. This allows the court to issue an order without the abuser being notified beforehand, ensuring the victim’s safety is not compromised during the application process. Ordinarily, the court will hold a hearing, which the applicant must attend, to decide whether to grant the order. The court may decide, depending on the evidence, to make an order without requiring a hearing. Emergency orders typically last until a full hearing can be conducted.
Domestic Violence Protection Orders (DVPOs)
DVPOs are applied for by the police and provide immediate protection to victims following a domestic violence incident. They can prevent the abuser from returning to the victim’s residence and from having contact with the victim. DVPOs are temporary measures, lasting between 14 and 28 days, allowing victims time to seek longer-term solutions.
Stalking Protection Orders
These orders are designed to protect individuals from stalking behaviors. They can prohibit the stalker from contacting the victim, visiting certain locations, or engaging in specific activities. The orders can also require the stalker to seek professional help, such as attending a mental health assessment. Breaching a stalking protection order is a criminal offense.
How to get a Restraining Order
If you need a restraining order, the process typically begins with criminal legal proceedings. It is the Crown Prosecution Service (CPS), who applies for the order, in criminal cases.
If you believe a restraining order is necessary, inform the police officer handling your case or the prosecutor. They can submit an application to the court, including suggested conditions – such as prohibiting the defendant from contacting or approaching you – and the duration of the order.
Additional evidence that was not presented during the trial may also be included to strengthen your application. The court will assess all the information provided before deciding whether to grant the order.
Restraining Order Court Proceedings
Once the application is submitted, a series of court proceedings will follow. During this time, the court will carefully examine the evidence and listen to the testimony of the victim and any witnesses. It is essential to provide as much information as possible to strengthen your case.
Lloyd Platt & Co Divorce Solicitors will ensure that your case is presented comprehensively by the CPS, increasing the likelihood of the court granting a restraining order.
Granting a Restraining Order
If the court deems it necessary to protect the victim, it will issue the restraining order. This order will outline specific restrictions and conditions that the restrained person must follow, such as staying away from the victim, their home, workplace, or any other designated areas. It is crucial for victims to understand the terms of the order and report any violations promptly.
Preventing Further Harm
A restraining order is a powerful tool for protecting victims, but it is not a guarantee of safety. It is essential for victims to take additional preventive and protective measures, such as changing locks, notifying authorities, and seeking support from organisations specialising in domestic abuse or sexual assault.
Lloyd Platt & Co Divorce Solicitors can connect victims with relevant resources and agencies to help them rebuild their lives and maintain their safety.
Breaches of a Restraining Order can Result in Criminal Proceedings
When someone breaches a restraining order, it is considered a criminal offence. Victims should never hesitate to report any violations to the police, as this can lead to further legal action against the perpetrator. Legal professionals can guide victims through the process of reporting and pursuing legal action against those who violate restraining orders.
Seek Legal Assistance – Lloyd Platt can Help Protect You
Protecting victims of domestic violence and sexual assault is a societal imperative. Restraining orders play a crucial role in providing victims with the security and peace of mind they deserve.
When dealing with such sensitive matters, it is essential to have the guidance of legal professionals who specialise in family law and restraining orders. Lloyd Platt & Co Divorce Solicitors have a wealth of experience in assisting victims of domestic violence, harassment, stalking and sexual assault.
We can provide crucial legal advice and support throughout the process, and will ensure that the victim’s rights are protected when we apply for a restraining order or apply for an injunction Non-Molestation Order.
By understanding the legal process of obtaining a restraining order and seeking the assistance of experienced solicitors like Lloyd Platt & Co Divorce Solicitors, victims can take steps towards reclaiming their lives and ensuring their safety.
Remember that no one should suffer in silence and be left wondering how to get a restraining order. Legal avenues exist to protect and support those in need. Read more about our Divorce Lawyers in London and our Guide on how to get a divorce.
If you are experiencing domestic violence and need a safe place to stay after informing your abuser about an order, several charities can provide immediate support. Refuge, Mankind and Women’s Aid offer safe accommodation and assistance to help you recover and rebuild your life. Your solicitor can guide you in contacting these organisations and making arrangements for yourself, your children, or any other family members at risk.
If you want to discuss how to get a restraining order, or any other aspect of divorce and separation, please fill in our form, call us on 0208 343 2998 or click to contact our divorce lawyers in London.
Reviewed by Simon Wolman
Simon Wolman is a family law solicitor specialising in divorce, financial remedies, and children matters. He has experience in high net worth cases, forensic financial investigations, and complex children disputes. Simon holds a Law degree from De Montfort University, was called to the Bar in 2001, and qualified as a solicitor in 2007. He also holds a Master’s in Child Law and Policy.
