Restraining orders and injunctions. FAQs about UK laws answered by our criminal solicitor
09 July 2021
In the UK, there are many ways to ensure the protection of yourself and others (such as young children) via legal paperwork. If the paperwork is breached, the police are contacted and it can result in detainment.
But what happens if you are suddenly issued with a restraining order or an occupation order? What does this mean and how does it impact on your legal rights as a parent or even in general life?
At ABV Solicitors, if you have been issued with any kind of restraining order, we can help.
Our criminal solicitor will work with the courts and other legal departments to either reverse such orders if desired or we will break down the legal jargon to you in a way that helps you to stay within the legal boundaries laid down in the order.
But, if you are now under a restraining order, you will probably have some questions. Here, our criminal solicitor answers some of the most common queries we get about them for your information.
Is there a difference between a restraining order and an injunction?
The key difference between these two is that a restraining order is placed at the end of a criminal case (such as one pertaining to assault or domestic abuse) whereas an injunction can be placed without a criminal offence being committed.
Can I have a restraining order placed on me even if I’ve been found innocent of harassment, abuse etc?
In short, yes.
Even if there has been no conviction at the end of a case and you have been found innocent, the courts and the accuser can still ask for a restraining order to be placed. In this event, you can contact our criminal solicitor for more advice about having this order overturned.
What is a domestic violence protection notice?
This is similar to a temporary restraining order and instead of being issued by the courts, it is issued by police.
This protection notice is linked to domestic violence or abuse and if you are issued with it, it can prevent you from entering your spouse’s home and can prevent you from contacting your children. If you need help with the breakdown of a domestic violence notice, contact ABV Solicitors for more advice.
What is an occupation order?
An occupation order is similar to the formerly mentioned protection notice, except that it can be filed without evidence of abuse.
An occupation order can prevent you from entering your home, approaching your current or former partner and your children. Once again, ABV solicitors have knowledge of these orders and can help you get them reduced or removed if desired. So, contact us!
I’ve been issued with an injunction from my ex; can I still see my children?
It depends on the information contained in the injunction; if it stipulates that you cannot approach a former partner, then you may be able to see your children through a third party. However, such visits will often require supervision, so talk to our team about requirements.