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Injunctions in Divorce

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When a marriage, cohabitation or civil partnership breaks down, it may be necessary to take emergency legal action such as an injunction. An injunction is often needed if one party or a child of the relationship is being pestered, harassed or threatened with violence.

Injunctions in divorce, cohabitation or civil partnership are often temporary and have time limits, but this can still give enough time for the situation to calm down.

The majority of injunctions in divorce order a person to not harass or pester the other, or to communicate in any way, and forbid them from going near certain people or places. In some circumstances where there are proper grounds, one person can be ordered to leave the matrimonial home (or the home of a co-habiting couple), and if there is a risk of violence, the power of arrest can be attached to the injunction.

Below is a further explanation of the types of injunction:

The power of arrest is only attached to an injunction in certain circumstances and the order is then registered with the local police station. When a police officer believes that an injunction of this kind has been breached he may arrest the offender and keep him in custody until he is seen by a Judge. Actual imprisonment is uncommon with injunctions in divorce, cohabitation or civil partnership cases but often the injunction itself can lead to a cooling down of a situation.

Most couples resolve conflicts without needing to get an injunction, and they should always be seen as a last resort. However if your situation has escalated to the point where there is no other option an injunction might be worthwhile.

Injunctions in divorce, cohabitation or civil partnership are often granted quickly under proper circumstances so if you would like legal advice call our expert legal team on 0800 298 9690 or fill in the Get in Touch form to the right of this screen. 

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