What Happens If The Victim Violates The Order Of Protection?

What Happens If the Victim Violates the Order of Protection? – If a victim violates his/her own order of protection, the victim generally cannot be arrested. This is because the victim is not the subject of the restraining order and hence cannot be restrained.

Contents

0.1 Can you get in trouble for being around someone you have a restraining order against?
- 0.1.1 What happens if the victim breaks a restraining order UK?
0.2 What happens if the victim violates the order of protection in CO?
- 0.2.1 What happens if the victim violates a no contact order in North Carolina?

1 Can you find out if someone has a restraining order UK?
2 Can a victim drop a restraining order UK?
3 What is a 50 C?
4 Can a victim violate a 50B in NC?
5 How serious is a restraining order UK?
6 How long does a restraining order last in the UK?
- - 6.0.1 Can the victim contact the defendant in a no contact order UK?
  - 6.0.2 Can you lift a restraining order UK?
7 Can you drop charges against someone for assault UK?
- 7.1 How serious is a restraining order UK?
- 7.2 What happens if you breach a non molestation order UK?
8 Can you get a restraining order lifted UK?
9 Can you challenge a restraining order UK?

Can you get in trouble for being around someone you have a restraining order against?

Restraining orders are typically sought in cases where one partner claims abuse. It takes a lot of self-control not to contact the most important person in your life. Even when it is against the law many people do it anyway at their peril. Restraining orders only go one way, against you.

If the victim is calling you keep track of the calls and save the messages, tell them you are under the restraining order and hang up the phone.
A lot of so-called victims of domestic violence will abuse the restraining order by inviting you back, get mad at you again and havou arrested again.
They won’t get in any trouble for doing this to you, and you’ll go to jail.

Never risk arrest for violating the restraining order for any reason.e y Never ignore a civil restraining order, even if you think it was not properly served, was illegally obtained, or based on false information. When a judge issues a temporary restraining order it is illegal to disobey the order.

You can be prosecuted for ignoring the restraining order.
If you persistently ignore the court’s order by violating the temporary restraining order the judge may impose a permanent restraining order that will last at least three years.
Go to the court date on the notice to appear with a domestic violence attorney to represent you.

The prosecution can use anything you say in your civil case against you in the criminal case. You probably have some property where the victim is living you want to get back. The only way is to hire an attorney or wait until you are appointed an attorney and have the attorney’s investigator contact the victim to arrange to get the defendant’s belongings back or to communicate with the victim for any reason.

You risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process.
Using a civil standby makes you vulnerable to more misdemeanor criminal charges.
Restraining orders prohibit contacting the victim through a third party, which includes your friends, family and their friends.

If a defendant needs to get personal belongings from their house they must contact the police and ask them to stand by while they quickly get their essential possessions. Make sure you are clearly more than 150 yards away from the residence when you call the police.

The police will not permit any argument about what belongs to whom and what doesn’t.
It is better to abandon your belongings than to set yourself up for a misdemeanor conviction for violating a court order that carries the usual domestic violence penalties,
A defendant in a domestic violence case always has a restraining order put on them by the court making it a misdemeanor crime for them to have any direct or indirect contact with the victim.

Even if the victim contacts the defendant the order remains in effect until a judge lifts it. A victim cannot lift a restraining order, only a judge can. This means that if the victim lives there (or the restraining order incorrectly says they do) a defendant can’t go to their house for any reason even if they pay the rent or own it.

Defendants can’t call.
It is difficult for defendants to visit their children.
Even if a defendant is innocent of any crime they can still be prosecuted for violating the restraining order itself.
Most restraining order violation cases are easily proven.
Sometimes the district attorneys office will dismiss a case without filing charges.

In this situation the restraining order will still be in place for several days. The D.A. can reinstate the charges for a year if it’s a misdemeanor, longer if it’s a felony. If a defendant makes unwanted contact with the victim after the temporary restraining order expires their activities could be reported to the police and they could be charged with the crime of stalking.

Voice mail messages, e-mails, letters, floral bouquets, notes on cars, visits to the victim’s workplace, can all be used in evidence in a stalking prosecution.
A victim who wants to have the restraining order removed in a pending case or where a defendant is on probation has to come to domestic violence court and talk to the judge to explain why the order is unnecessary.

A judge wants the victim’s word that they will call the police if there is any new violence from the defendant. A victim’s rights advocate will ask to talk to the victim about why he or she wants the stay away lifted. The assistant district attorneys always urge the judge not to lift the restraining order in the interest of the victim’s safety.

While a case is pending the court often requires the defendant to start a domestic violence batterer’s program and attend several weekly meetings with good progress reports before they will consider lifting the stay away order. The judge presumes that the facts contained in the police report are true when making decisions about the restraining order.

Don’t discuss the facts of your case in class or admit new possible violations because domestic violence counselors will inform the probation officer who sits in the domestic violence court. The probation officer is working for the prosecutor.

What happens if the victim breaks a restraining order UK?

What is the penalty for breaching a protective order? – Breaching a protective order is an offence. The maximum sentence is five years’ custody. The court will calculate the sentence by assessing the offender’s culpability and the harm caused by the offence, as well as taking into account any aggravating or mitigating factors.

Culpability is an assessment of the intention and motivation of the offender in committing the breach.
Harm considers the level of physical or emotional harm that was caused as a result of the breach.
Aggravating factors make the offence more serious.
Examples include if the victim or the person the court order is designed to protect is particularly vulnerable or is forced to leave their home.

Mitigating factors might reduce severity of the sentence. Examples include if the offender had complied with the order for a long time before breaching it or if the contact was not initiated by the offender. Find out more about how sentences for breaching a protective order are worked out in the sentencing guidelines and the different types of sentence the courts can impose.

What happens if the victim violates the order of protection in CO?

A domestic violence charge triggers a mandatory protection order as required by CRS 18-6-803.7. During the time that the order is in effect, the defendant may not have alcohol and must avoid all contact with the accuser. A violation of the order of protection can be charged as a separate misdemeanor under CRS 18-6-803.5.

The crime is punishable by up to 18 months in jail and a $5,000 fine. Often, an alleged victim fabricates a protection order violation in order to have someone arrested. The police are required to arrest you if such an allegation is made. Judges are also likely to impose a high bond to keep you in jail.

If you have been charged with a violation of a protection order, you need a criminal defense attorney who has successfully defended clients against this type of charge.

What happens if the victim violates a no contact order in North Carolina?

Violating a Court Order Penalties – An immediate arrest is possible if a court order is violated and the victim reports it to law enforcement. If an arrest does not occur, a magistrate’s office in lower district court can issue a warrant. In civil court, the other party submits a “move for order to show cause in a DVPO.” If the court rules against the defendant, he or she is in civil contempt, and fines and prison time are possible.

Can you find out if someone has a restraining order UK?

Frequently asked questions – If Court proceedings are dismissed following the prosecutions decision to offer no evidence, this is regarded as an aquittal. Should it be felt that a victim still requires some form of protection, a restraining order post-acquittal may be given.

Can a victim drop a restraining order UK?

The law allows a defendant, or anyone mentioned in a restraining order, to apply for it to be varied or removed. Sometimes a restraining order may have been imposed at the end of a relatively minor assault case, or low level allegation of harassment.

Can you go to jail for harassment UK?

What is the maximum sentence for harassment or stalking? – If the offence is harassment or stalking :

the maximum sentence is six months’ custody if racially or religiously aggravated, the maximum sentence is two years’ custody

If the offence is harassment (putting people in fear of violence) or stalking (involving fear of violence or serious alarm or distress) :

the maximum sentence is 10 years’ custody if racially or religiously aggravated, the maximum sentence is 14 years’ custody

Find out more about the different types of sentence the courts can impose.

How much does a restraining order cost UK?

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either:

protects you or your child from being harmed or threatened by the person who’s 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’

Before you apply, check if you’re eligible for a non-molestation order or an occupation order, The person named in the injunction can be arrested if they break it. There’s no fee when you apply, but you can choose to pay for legal advice to help you. Check if you can get legal aid, which can help to pay for legal advice.

How long do most no-contact orders last?

Temporary no-contact orders usually last up to thirty days, or until the court can hold a hearing to decide on a permanent duration. Other no-contact orders usually last up to one year, with the option for extending it as circumstances warrant.

What happens if the victim violates the order of protection in Texas?

Penalties for Violating a Protective Order in Texas If the subject of the protective order was a victim of sexual abuse, indecency with a child, sexual assault, indecent assault, or stalking, violating a protective order may be a State Jail Felony.

Can the petitioner violate an order of protection in Illinois?

Violation of a protective order is considered a Class A misdemeanor in most cases. That can mean a sentence of up to 12 months in jail and fines of as much as $2,500 if you are found guilty of violating the order.

Can a victim violate a no-contact order Colorado?

A Mandatory Protection Order happens in a criminal case and is also sometimes called a restraining order or “MPO.” When a defendant (offender) has been charged with a crime, the court will enter a MPO to help protect the victim. A MPO says that the defendant cannot “harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the crime charged.” The prosecutor can ask the judge to include a no-contact order to protect the victim and potentially their family members if appropriate.

Sometimes, the victim will need to ask the prosecutor about adding family members if they are not included in the no-contact order.
A no-contact order says the offender cannot contact the victim, directly or indirectly.
The MPO is entered against the offender.
This means that the offender has to follow the court’s order.

The victim is sometimes called the “protected party.” The victim does not have to ask for a MPO. Even if a victim does not want a MPO, the court still enters one. Note : A MPO is different from a civil protection order (CPO). A CPO is issued through the civil court.

A victim has to ask for a CPO.
The victim can ask for a CPO even when there is a MPO.
Click here for more information on CPOs.
If an offender contacts a victim, this is called Violation of a Protection Order,
Violation of a Protection Order is a crime.
If an offender violates the protection order, you can call the police.

A MPO only lasts until the criminal case ends. A criminal case can end when:

The case is dismissed (at any stage)
The offender finishes their sentence (for example, gets out of prison or finishes probation)

A MPO is only one part of a safety plan. Having a protection order does not mean a victim will be safe because an abuser may not obey the order. A victim may have additional safety needs. Click here for more information on safety planning. Federal and Colorado State Law say that if a Domestic Violence-related MPO has been entered against a person, they must give up their firearms and ammunition.

What is a 50 C?

What is a 50C Civil No-Contact Order? A 50C Civil No-Contact Order seeks to protect victims of sexual assault, stalking, and other forms of harassment. Victims may be any age, and unlike the 50B protective order, no relationship between the victim and the offender is required.

Can a victim violate a 50B in NC?

A 50B order in North Carolina, known commonly as a restraining order or a Domestic Violence Protective Order (DVPO), is a specific type of restraining order designed for victims of domestic violence, Unlike a standard restraining order, the 50B order provides greater protections for victims and gives law enforcement more power to charge and arrest an abuser that violates his/her 50B.

As such, violating this order is not just “contempt of court,” but instead it’s a serious criminal offense carrying extensive penalties.
Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

Keep in mind that if you are charged with another crime while violating the order, the penalties are increased (such as a Class H felony becoming a Class G felony, which effectively doubles the prison sentence). As such, if you or someone you know has been charged with this crime, you’ll need a Raleigh criminal defense lawyer experienced with domestic violence and 50B order cases.

How serious is a restraining order UK?

Click here for a PDF guide to Harassment and the law What is harassment? What is putting someone in fear of violence? In an emergency The criminal offences of harassment and putting someone in fear of violence Harassment warnings Restraining orders Coercive control Injunctions Non-molestation orders Harassment injunctions The application process Urgent applications for an injunction Serving the injunction Costs What if my injunction is ignored or not followed by my abuser? Claiming compensation for harassment Useful contacts It is a criminal offence in England and Wales for someone to harass you or put you in fear of violence.

This legal guide is designed to give information about the ways in which the law can protect you.
What is harassment? The law states that harassment is when a person behaves in a way which is intended to cause you distress or alarm.
The behaviour must happen on more than one occasion.
It can be the same type of behaviour or different types of behaviour on each occasion.

For example, one text message intended to distress you is not harassment. Two text messages may be harassment. One text message and one phone call may also be harassment. Harassment can include things your abuser has said or done. The incidents could have happened recently or they could have happened months apart.

a text, answer-phone message, letter or email a comment or threat standing outside someone’s house or driving past it an act of violence damage to someone else’s property maliciously and falsely reporting you to the police when you have done nothing wrong

What is putting someone in fear of violence? Putting someone in fear of violence is when someone says or does two or more things that make you fear that violence will be used against you. The law states that a person is guilty of putting you in fear of violence if a reasonable person, who had the same information your abuser had, would think his behaviour would cause you to fear violence.

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In an emergency In an emergency you can contact the police for assistance by dialling 999 or text phoning 0800 112 999. The police may be able to attend the scene of the incident to protect you from further abuse and/or to arrest your abuser (see our legal guide Reporting an offence to the police: a guide to criminal investigations ).

For other support and protection see Useful contacts at the end of this guide. If it is not an emergency then you can contact the police by going to your local police station, or calling your local police station by dialling 101. The criminal offences of harassment and putting someone in fear of violence It is a criminal offence for someone to harass you or to put you in fear of violence.

If you experience any of these forms of abuse you can report it to the police. For information on what happens if you report an offence to the police and the criminal justice process see our legal guides Reporting an offence to the police: A guide to criminal investigations and From charge to trial: A guide to criminal proceedings,

If he is found guilty of an offence he can be sentenced to a term in prison or made to pay a fine or both. Harassment warnings Sometimes if the police decide that they are not going take any further legal action against your abuser, they may give him an informal harassment warning.

Harassment warnings are also known as harassment warning notices and police information notices (PINs). This is a warning which tells your abuser about the law in relation to harassment, and that if there are similar reports in the future the police might take action against him. Your abuser may be asked to sign the warning.

This does not mean that he admits to harassing you, it just confirms that he has received the warning. However, if you do report his harassing behaviour to the police again in the future, then the notice can be used to show that he knew that his behaviour is harassment.

Restraining orders If the police charge your abuser and the case goes to the criminal courts then the court may make a restraining order to protect you. The criminal court can make the restraining order whether or not your abuser is convicted (found guilty). A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address.

Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified. Sometimes the Crown Prosecution Service (CPS) will ask the judge to make a restraining order but it will be up to the judge to decide.

You cannot apply to the criminal courts for a restraining order yourself. If you want to make your own application to stop your abuser from doing something then you can apply for an injunction. See Harassment injunctions below. Coercive control If your abuser is someone who you are in an intimate relationship with or is a family member or ex-partner who you live with, they may be guilty of the criminal offence of coercive control.

Someone is guilty of coercive control if they repeatedly or continuously engage in behaviour towards you that is coercive or controlling and they know or ought to know that the behaviour will have a serious effect on you. If you are experiencing coercive control you can report this to the police.

For more information please see our legal guide Coercive control and the law,
Injunctions An injunction is a court order which can forbid your abuser from doing certain things such as being physically violent, contacting you directly or indirectly (by making someone else contact you), or going to your home address, place of work or children’s school.

Depending on your relationship with your abuser you can apply for an injunction under the Protection from Harassment Act 1997 or the Family Law Act 1996. If you are associated to your abuser you may prefer to apply to the Family Court for a domestic violence injunction called a non-molestation order.

are or were ever married, engaged or in a civil partnership are or were living together (including as flatmates, partners, relations) are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation) have a child together or have or had parental responsibility for the same child are or were in an intimate personal relationship of significant duration

For more information see our legal guide Domestic violence injunctions, Harassment injunctions If you are not associated to your abuser, or if you do not want to apply for a non-molestation order, then you can apply for a harassment injunction under the Protection from Harassment Act 1997.

You can apply for an injunction against any person who has harassed or stalked you or put you in fear of violence by deliberately causing you distress on two or more occasions.
This is different from restraining orders which can be made in the criminal courts.
This is an injunction that you apply for yourself in the civil courts, such as a county court.

Examples of injunctions Injunctions can prohibit someone from behaving in a certain way. The orders must be reasonable and relevant to the harassment you have experienced. If you apply for an injunction you will be the claimant and your abuser will be the defendant.

The defendant is forbidden from coming within 200 meters of the home of the claimant The defendant is forbidden from communicating with the claimant directly or indirectly The defendant is forbidden from harassing, intimidating or pestering the claimant

The application process You can make an application for an injunction in the county court or in the High Court, but the county court is usually more appropriate. To apply for an injunction you will need to complete an application form N16A. This form is available from any court or to download from the Ministry of Justice website,

You or your solicitor will also need to prepare an affidavit to support your application. An affidavit is a statement which you swear (sign in a specific way) in the presence of a qualified lawyer or at court. The affidavit should give details of your relationship to your abuser, your circumstances, the history of the harassment and the events which led you to make the application.

You should attach to your affidavit any evidence you have of the harassment and the impact it has had on you, for example:

emails, texts, phone records medical records/reports photographs of criminal damage police reports

You should also explain in your affidavit what you want the injunction to stop your abuser from doing. You will need to give the Form N16A, your affidavit and supporting documents to the court and you will need to pay a fee. If you are applying for financial compensation (also called damages) from your abuser you should also give the court a completed Form N1 (see Claiming compensation for harassment, below).

These documents will also go to your abuser. If you want to keep your address confidential, do not include them on the application forms or the affidavit. You can ask the court for permission to give your address to the court without showing it to your abuser, in a separate document from the rest of the court papers.

You will have to attend at least one and possibly more court hearings. If you are considering making an application for an injunction, you can call Rights of Women’s legal advice lines. Urgent applications for an injunction If you need an injunction urgently and you fear your abuser will cause you harm if he knows you are going to court, you can make your application without notice to him.

This means that the court can consider your application without your abuser knowing or being present.
The court will have to be persuaded that there are good reasons to make the order without him being there.
You will need to explain your reasons in your affidavit.
If you apply for and are granted an injunction without notice to your abuser then the court is likely to organise another hearing to give him an opportunity to explain his side of the story.

You will have to attend this hearing and you may have to give evidence (answer questions in court). The court will consider all the evidence and decide whether the order should be continued or extended. Serving the injunction You or your solicitor will be responsible for serving the documents on your abuser.

This means giving your abuser a copy of the injunction, your affidavit and all of the documents that you submitted to the court. You can use a process server or the court bailiff to serve the documents on your abuser. A process server is a person whose job it is to serve documents on people and they will charge a fee.

If you cannot afford a process server, then you can ask someone else to serve the documents and that person will need to complete a certificate of service (Form N215) and send it to the court. You should not serve the documents yourself. Your abuser must know there is an injunction in place to be responsible for breaching any part of it.

You are only protected once he is aware of the injunction. You should also send a copy of the injunction to your local police station. Costs Legal aid is available for this application but you may experience difficulties finding a solicitor to take on your case. Contact our advice line or the Legal Aid Agency for help finding a solicitor.

You will need to pay a fee to make an application in the county court. If you cannot afford the application fee and you do not have legal aid then you can ask the court to waive the fee by completing a form EX160. If your application for an injunction or financial compensation is successful, the judge may order the defendant (your abuser) to pay your legal fees.

However, if your application is unsuccessful, the judge may order that you pay your own fees and also the legal costs of the defendant. You can use a solicitor or lawyer to assist you with your application for an injunction. If you cannot afford to pay for a lawyer you may be eligible for legal aid. See Useful contacts for information on finding a solicitor.

What if my injunction is ignored or not followed by my abuser? If your abuser breaches (breaks) the injunction you have two options. You can report the breach to the police and the police may arrest your abuser and pass the matter to the Crown Prosecution Service to be dealt with in the criminal court.

Alternatively, you can make an application to return to the county court where the injunction was made to enforce it. Enforcing the injunction means asking the court to take further action. If you want further information on this option the contact a lawyer or Rights of Women’s legal advice lines. If your abuser is found guilty of breaching the injunction then he may be sent to prison for up to 5 years or fined, or both.

Claiming compensation for harassment If you have been harassed or put in fear of violence, you may be able to claim financial compensation (also called damages) from your abuser, by making an application to the county court. You can do this at the same time as applying for an injunction, or separately.

Your application for compensation should be made on a Form N1.
You can get a Form N1 from your local county court or from the Ministry of Justice website,
The Form N1 will ask you to set out your particulars of claim.
This means explaining what is your relationship to your abuser, the history of harassment and the events leading up to you making the application.

You will also need to set out how much money you are seeking. This can include money you lost as a result of your abuser’s behaviour, for example damage to your property, loss of earnings, medical costs and legal costs as well as compensation for the anxiety and distress you have experienced.

The court cannot make your abuser pay money that he does not have, so it is worth considering your abuser’s financial position. You should attach to your application any evidence you have of the harassment and its impact on you, for example medical reports and invoices. The law is complex and may have changed since this guide was produced.

This guide is designed to provide general information only for the law in England and Wales. You should seek up-to-date, independent legal advice. Rights of Women does not accept responsibility for any reliance placed on the legal information contained in this guide.

How long does a restraining order last in the UK?

How long does a restraining order last for? – There is no set time limit for a restraining order. It can last for a specified period of time or for an indefinite period, until further order from the judge. However, a restraining order can be varied or discharged by the court upon request of the prosecutor, the defendant or any other person named in the order.

Can the victim contact the defendant in a no contact order UK?

Is a No Contact Order Violation by Victim Legal? Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order.

Can you lift a restraining order UK?

Who makes the application to discharge the order? –

The Act says that:
‘The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.’
This is important as it allows the person who is protected by the order to support or even initiate, any application to vary or discharge.

Can you drop charges against someone for assault UK?

In Brief Charges for assault can be dropped by the police or Crown Prosecution Service (CPS), not by the complainant directly. This is usually because there is not sufficient evidence to convict, a witness statement has been withdrawn or charges have been deemed not to be in the victim’s interest.

Although the ‘double jeopardy’ law aims to prevent people from being tried twice for the same offence, charges of assault may be reinstated if the case is serious enough and new evidence comes to light.
Have you been accused of assault? What are the possible consequences of a conviction under UK law? If you are found guilty of assault the consequences are severe, but what happens if assault charges are dropped? Nick Titchener, director and solicitor advocate at London Criminal Defence Solicitors, Lawtons, discusses this complex area of the law and its implications.

There are a number of reasons and scenarios whereby an assault charge could be dropped by the police or the Crown Prosecution Service (CPS). If you are involved in a police investigation relating to one of the degrees of assault, then it is vital to understand how and why these charges could be dropped.

How serious is a restraining order UK?

This legal guide is designed to give information about the ways in which the law can protect you. What is harassment? The law states that harassment is when a person behaves in a way which is intended to cause you distress or alarm. The behaviour must happen on more than one occasion. It can be the same type of behaviour or different types of behaviour on each occasion.

In an emergency In an emergency you can contact the police for assistance by dialling 999 or text phoning 0800 112 999.
The police may be able to attend the scene of the incident to protect you from further abuse and/or to arrest your abuser (see our legal guide Reporting an offence to the police: a guide to criminal investigations ).

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If you experience any of these forms of abuse you can report it to the police.
For information on what happens if you report an offence to the police and the criminal justice process see our legal guides Reporting an offence to the police: A guide to criminal investigations and From charge to trial: A guide to criminal proceedings,

Harassment warnings are also known as harassment warning notices and police information notices (PINs). This is a warning which tells your abuser about the law in relation to harassment, and that if there are similar reports in the future the police might take action against him. Your abuser may be asked to sign the warning.

Restraining orders If the police charge your abuser and the case goes to the criminal courts then the court may make a restraining order to protect you.
The criminal court can make the restraining order whether or not your abuser is convicted (found guilty).
A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address.

For more information please see our legal guide Coercive control and the law,
Injunctions An injunction is a court order which can forbid your abuser from doing certain things such as being physically violent, contacting you directly or indirectly (by making someone else contact you), or going to your home address, place of work or children’s school.

You can apply for an injunction against any person who has harassed or stalked you or put you in fear of violence by deliberately causing you distress on two or more occasions.
This is different from restraining orders which can be made in the criminal courts.
This is an injunction that you apply for yourself in the civil courts, such as a county court.

You or your solicitor will also need to prepare an affidavit to support your application. An affidavit is a statement which you swear (sign in a specific way) in the presence of a qualified lawyer or at court. The affidavit should give details of your relationship to your abuser, your circumstances, the history of the harassment and the events which led you to make the application.

You should attach to your affidavit any evidence you have of the harassment and the impact it has had on you, for example:

emails, texts, phone records medical records/reports photographs of criminal damage police reports

These documents will also go to your abuser.
If you want to keep your address confidential, do not include them on the application forms or the affidavit.
You can ask the court for permission to give your address to the court without showing it to your abuser, in a separate document from the rest of the court papers.

This means that the court can consider your application without your abuser knowing or being present. The court will have to be persuaded that there are good reasons to make the order without him being there. You will need to explain your reasons in your affidavit. If you apply for and are granted an injunction without notice to your abuser then the court is likely to organise another hearing to give him an opportunity to explain his side of the story.

This means giving your abuser a copy of the injunction, your affidavit and all of the documents that you submitted to the court.
You can use a process server or the court bailiff to serve the documents on your abuser.
A process server is a person whose job it is to serve documents on people and they will charge a fee.

You are only protected once he is aware of the injunction.
You should also send a copy of the injunction to your local police station.
Costs Legal aid is available for this application but you may experience difficulties finding a solicitor to take on your case.
Contact our advice line or the Legal Aid Agency for help finding a solicitor.

However, if your application is unsuccessful, the judge may order that you pay your own fees and also the legal costs of the defendant.
You can use a solicitor or lawyer to assist you with your application for an injunction.
If you cannot afford to pay for a lawyer you may be eligible for legal aid.
See Useful contacts for information on finding a solicitor.

Alternatively, you can make an application to return to the county court where the injunction was made to enforce it.
Enforcing the injunction means asking the court to take further action.
If you want further information on this option the contact a lawyer or Rights of Women’s legal advice lines.
If your abuser is found guilty of breaching the injunction then he may be sent to prison for up to 5 years or fined, or both.

Your application for compensation should be made on a Form N1. You can get a Form N1 from your local county court or from the Ministry of Justice website, The Form N1 will ask you to set out your particulars of claim. This means explaining what is your relationship to your abuser, the history of harassment and the events leading up to you making the application.

The court cannot make your abuser pay money that he does not have, so it is worth considering your abuser’s financial position. You should attach to your application any evidence you have of the harassment and its impact on you, for example medical reports and invoices. The law is complex and may have changed since this guide was produced.

What happens if you breach a non molestation order UK?

Click here to download a PDF guide to Domestic violence injunctions What is domestic violence? Who is affected by domestic violence? In an emergency Domestic violence and criminal offences Domestic violence and protection in the Family Court A non-molestation order An occupation order Who can I get an injunction against? Who can be protected by my injunction? The application process Serving the orders What if the injunction is ignored or not followed by my abuser? Harassment What is harassment? What is putting someone in fear of violence? How can I get protection from harassment and being put in fear of violence? Funding for domestic violence injunctions Useful contacts It is estimated that domestic violence (also called ‘domestic abuse’) affects one in four women in the UK.

If you are experiencing or have experienced domestic violence, there are a number of ways the law can protect you.
This legal guide is designed to give information about the protection available to you through the family courts.
This guide also provides information about harassment and the remedies available if you are being harassed.

Rights of Women publishes a number of other legal guides that may be useful. For further information about these contact us or visit our website at www.rightsofwomen.org.uk In an emergency situation you can call the police on 999. For other support and protection that might be available see Useful contacts at the end of this guide.

What is domestic violence? There is no legal definition of domestic violence.
However, the Government defines domestic violence as: ” Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality,

This can encompass but is not limited to the following types of abuse:

Psychological abuse
Physical abuse
Sexual abuse
Financial abuse
Emotional abuse

Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.
This definition, which is not a legal definition, includes so called ‘honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.” Who is affected by domestic violence? Almost all domestic violence is directed by men against women, but it can and does occur in same-sex relationships, and in a small minority of cases, by women against men.

Although we refer here to the abuser as ‘he’ we recognise that this is not always the case. Domestic violence affects women from all ages and backgrounds, regardless of economic or social status, sexuality, race, religion or immigration status. The law of England and Wales should protect all women from violence.

This means that you can go to the family courts or the police for assistance regardless of your immigration status.
In an emergency In an emergency you can contact the police for assistance by dialling 999 or text phoning 0800 112 999.
The police may be able to attend the scene of the incident to protect you from further abuse or violence and/or arrest the person responsible (see our legal guide Reporting an offence to the police: a guide to criminal investigations ).

Domestic violence and criminal offences Domestic violence can involve a range of criminal offences. For more information on the criminal justice process see Reporting an offence to the police: A guide to criminal investigations and From charge to trial: A guide to criminal proceedings,

an occupation order to exclude someone from your home, and
a non-molestation order to prevent someone from being violent, threatening violence, harassing or intimidating you

You might be interested: I Have No Idea What To Do With My Life?

A non-molestation order A non-molestation order is a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you.

Your abuser must not be violent, threaten violence, intimidate, pester or harass you
Your abuser must not contact you by telephone, email, social media or in person
Your abuser must not attend or contact for any reason your place of work

When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You therefore need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.

If you own the home or the tenancy to the home in your sole name, you are not married to your abuser and your abuser has no legal entitlement to your home then the non-molestation order can also stop your abuser from coming to the home. Otherwise, if you want to stop the abuser from coming to your home then you need to apply for an occupation order.

An occupation order An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can:

Order your abuser to move out of the home or to stay away from the home
Order your abuser to keep a certain distance away from the home
Order your abuser to stay in certain parts of the home at certain times (for example it can order him to sleep in a different bedroom)
Order your abuser to allow you back into the home if he has locked you out
Order him to continue to pay the mortgage, rent or bills

When deciding whether to grant an occupation order the court will consider a number of factors including:

The housing needs and resources of you, your abuser and any children
The financial resources of you both
The likely effect any order, or not making an order, will have on you, your abuser and any children
Your and your abuser’s behaviour to one another

The court may also look at the harm that you and any children might suffer if the order is not granted and the harm that your abuser and any children might suffer if it is. The type of occupation order you can apply for, how long the order will last and the factors the court will consider depend on your and your abuser’s legal entitlement to the home.

Before making your application we would strongly advise you to seek legal advice. The court can make both a non-molestation order and an occupation order if it is appropriate. Who can I get an injunction against? You can apply for a non-molestation or occupation order if you are associated to your abuser.

You are associated to your abuser if you and your abuser:

are or were ever married or engaged to be married
are or were ever in a civil partnership or had agreed to form a civil partnership
are or were living together (this includes same-sex and opposite-sex couples)
live or have lived in the same household, for example as a flat share (but not as a tenant, border, lodger or employee)
are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
have a child together
have or had parental responsibility for the same child
are parties to the same family proceedings for the same child
are or were in an intimate personal relationship of significant duration

If you are not legally associated to your abuser, you may still be able to obtain protection from harassment. See below What is harassment? And How can I get protection from harassment? Who can be protected by my injunction? You can get an order to protect yourself and any relevant child. A relevant child is any child under 18:

who is living or might be expected to live with you or your abuser
who is the subject of family court proceedings linked to an application for a domestic violence injunction; or
whose interests the court thinks relevant

If you have a child who is over 18, or another adult family member who needs protection, they will have to make their own application for an injunction. The application process You can make an application for a non-molestation order and/or an occupation order at the Family Court.

The application form is a FL401 which is available from any court or to download from the Ministry of Justice’s website, There is no court fee for applying for a domestic violence injunction. You or your solicitor will need to prepare a witness statement giving details of your relationship, any relevant children, past history of violence and the events which led you to make the application.

You should also set out what you want the order to do. You will have to attend at least one and possibly more court hearings. If you are considering making an application for a domestic violence injunction, you can call Rights of Women for free legal advice – see Useful contacts.

If you need an injunction urgently or are scared that your abuser will cause you further harm if he is aware you are going to court, you can make your application without notice to him. This means that the court can consider your application without your abuser being present. The court will have to be persuaded that there are good reasons to make the order urgently so you will need to explain this in your witness statement.

A supporting report from the police or your doctor may help and can be attached as an exhibit to your statement. If you apply for and are granted your order without notice to your abuser the court is likely to organise another hearing to give him an opportunity to put forward his side of the story.

You will have to attend this hearing and you may have to give evidence.
The court will consider all the evidence and decide whether the order should be continued or extended.
Serving the orders Either you or your solicitor are responsible for serving the order on your abuser.
This means giving him a copy and it should be done using a process server or through the court, by the court bailiff.

A process server is a person whose job it is to serve documents on people and they will charge a fee. The respondent must know there is an injunction in place to be responsible for breaching any part of it. You are only protected once he is aware of the order.

A copy of the order should also be sent to your local police station.
What if the injunction is ignored or not followed by my abuser? If your abuser breaches the injunction you will need to enforce the injunction.
This means asking the courts to take further action.
The process for enforcing the order varies, depending on whether you have a non-molestation order or an occupation order.

Enforcing a non-molestation order: two options It is a criminal offence to breach a non-molestation order. If your abuser has breached your non-molestation order you can enforce it by either:

Starting criminal proceedings by reporting his behaviour to the police, or
Starting civil proceedings by applying to the court that made the order for the respondent to be arrested and / or punished

Breaching a non-molestation order is a criminal offence that can be taken to the criminal court. The criminal courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine. For information about criminal proceedings see our legal guide Reporting an Offence to the Police: A Guide to Criminal Proceedings,

Alternatively, if you do not want to start criminal proceedings you can return to the Family Court that made the order, to have your abuser arrested and / or punished.
To do this it is advisable to seek the help of a solicitor.
A person who is found by the court to have breached the order may be sent to prison, fined or be given a suspended sentence of imprisonment.

The Family Court does not have the range of sentencing powers that criminal courts have. Enforcing an occupation order If you have an occupation order, the process for enforcing the order varies depending on whether a power of arrest is attached to the order.

A power of arrest allows police officers to arrest the respondent if the occupation order is breached.
Powers of arrest can be attached to occupation orders if the court is satisfied that your abuser has used or threatened violence against you.
If your abuser breaches any part of your occupation order and there is a power of arrest attached to it, you can report the breach directly to the police.

The police can arrest him and take him to the court that made the order to be punished. The court may hear evidence about the breach and deal with the respondent immediately, or the court may adjourn the hearing to another day. If your occupation order does not have a power of arrest attached, you can still apply to the court that made the order to have your abuser arrested and / or punished, if he has breached any part of the order.

In order to do this you may need the help of a solicitor or to seek further advice from our advice lines.
A respondent who is found by the court to have breached the order may be committed to prison, fined or be given a suspended sentence of imprisonment.
Harassment If you are not associated to your abuser (see Who can I get an injunction against) then you may still be able to obtain protection if you are suffering harassment or being put in fear of violence.

The Protection from Harassment Act 1997 makes it a criminal offence to harass someone or make them fear violence will be used against them. You can also apply for an injunction against the person harassing you or making you fear violence. You can also claim damages (financial compensation) from him.

What is harassment? Harassment is a course of conduct that is deliberately intended to cause a person distress or alarm.
A course of conduct means two or more incidents of harassment.
When deciding whether any particular course of conduct amounts to harassment, the court will consider whether a reasonable person, looking at the behaviour from outside the situation, would think that it amounts to harassment.

An incident of harassment could be a range of things, for example:

a text, answer-phone message, letter or email
a comment or threat
standing outside someone’s house or driving past it
an act of violence

What is putting someone in fear of violence? Putting someone in fear of violence is a course of conduct that causes another person to fear that violence will be used against them. A person is guilty of putting you in fear of violence if their behaviour is such that a reasonable person, with the same information, should know that the behaviour would cause you to have that fear.

How can I get protection from harassment and being put in fear of violence? You can report an incident of harassment or being put in fear of violence to the police.
The police may give your abuser a warning of the consequences of his behaviour or arrest him for the criminal offences of harassment or putting someone in fear of violence.

If the case ends up in the criminal courts and there is a trial then the courts can make a restraining order. The court can make a restraining order if your abuser is found guilty or if he is acquitted (found not guilty) of the offence. The lawyer from the Crown Prosecution Service (CPS) can request the restraining order.

A restraining order can prohibit your abuser from doing anything specified in the order including using or threatening violence against you, communicating you (by phone or email) or going to certain places (your home or place of work). For more information on the criminal justice process see Reporting an offence to the police: A guide to criminal investigations,

In addition to or instead of contacting the police, if you are experiencing harassment you can apply for an injunction under the Protection From Harassment Act 1997. You can make your application at your local county court or the high court. You can also ask for damages (financial compensation) from your abuser.

The procedure for applying for a harassment injunction and damages is complex so if you are considering it, you should seek legal advice or call our advice lines.
Funding for domestic violence injunctions The application for a domestic violence injunction at the family court is free.
However, if you wish to instruct a solicitor or a barrister to represent you, that will cost money.

You may be eligible for legal aid to cover the cost of your lawyer, if you meet the financial criteria (the means test) and the test for whether it is reasonable to provide legal aid for your case (the merits test), See A guide to family law legal aid for further information.

If you cannot access a solicitor or barrister then you can make the applications yourself, without a lawyer. You can take a McKenzie Friend with you to court. See our guide Family Court proceedings: where can I get advice and support? for further information. The law is complex and may have changed since this guide was produced.

Can you get a restraining order lifted UK?

My partner is subject to a Restraining Order, can I discharge it? – In short, yes. If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked. Recent cases before the Court of Appeal have made it absolutely clear that, provided a person has capacity and has not been forced, it is a matter for them who they chose to have a relationship with.

Although the police will often oppose applications made by persons protected by a restraining order (ie the victim), the law is not necessarily on their side.
The criminal courts should not be used to prevent an adult from deciding who he or she wants to live with.
We will impress upon the Court that the views of a person of full age and capacity, in addition to their Article 8 rights to a private and family life, should be respected.

We have a very high success rate in discharging restraining orders made by persons protected by it.

Can you challenge a restraining order UK?

How To Discharge A Restraining Order and how to vary a restraining order – A restraining order can either be dealt with on appeal to the Court of Appeal or on re-application to the Crown Court that made the order. In reality most applicants do not realise that the order is problematic until well past the 21-day limit for appeals to the Court of Appeal therefore the majority of applications tend to be back to the Court that made the order.

The power to discharge a restraint order in this way is contained within s5(4) of the 1997 Act.
The Act states that: The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.
Therefore, an application may be made by any ‘party’ to the order and may be made at any time.

There are also no limits to the number of occasions in which such an application may be made. The test for application under s5(4) was considered by the Court of Appeal and outlined as follows: ‘The only question on an application or further application, under section 5(4) of the Protection from Harassment Act 1997, to discharge a restraining order made under that section, was whether something had changed so that the continuance of the order was neither necessary nor appropriate.’ The test is therefore somewhat strict but in looking at whether the terms of the order are necessary or appropriate the Court are entitled to look at the practicality of the order (see R v Awan).

The Court of Appeal in the case of R v Khellaf stated that there were 4 principles that should be taken into account when making such an order, these would be considered in any discharge application- 1. The views of the person to be protected, the prosecution should make sure that these are available to the court 2.

No order should be made unless it is necessary to protect the victim 3. The terms of the orders should be proportionate to the harm it is designed to prevent 4. Care should be taken when children are involved to make sure that parental contact is not hampered Evidence can be called to support the application and the stronger the evidence, the more likely the application is to be granted.