금지 명령 신청
가정 폭력에 대한 보호 명령을 신청하는 방법.
개요
If you are experiencing domestic abuse, you can apply to the Family Court for protective orders under the Family Law Act 1996. A non-molestation order prohibits the respondent from using or threatening violence, intimidating, harassing, or pestering you. An occupation order regulates who can live in the family home. Breach of a non-molestation order is a criminal offence (s.42A FLA 1996). Applications can be made without notice to the respondent in urgent cases (ex parte/without notice).
단계별 절차
Seek Advice and Support
Contact the National Domestic Abuse Helpline (0808 2000 247), a local domestic abuse service, or a solicitor experienced in family law. Legal aid is available for domestic abuse cases without a means test for initial advice, and with a means test for representation.
- The helpline is free, confidential, and available 24 hours
- You do not need to have reported the abuse to the police to apply for an injunction
- Many solicitors offer a free initial consultation
Complete the Application
Your solicitor (or you, if acting in person) completes form FL401. You must provide a sworn statement (witness statement) setting out the abuse, the incidents, and why you need protection. If applying without notice, you must explain why the matter is urgent.
- Be specific about incidents — dates, times, what happened, any injuries, any witnesses
- Include any evidence: photos of injuries, text messages, police reports, medical records
- The court can deal with applications very quickly — same-day hearings are possible in urgent cases
Court Hearing
The court will list a hearing. If without notice, the judge will consider your evidence alone and may make an interim order, with a return date for the respondent to be heard. At the full hearing (on notice), both parties can give evidence. The judge will decide whether to make the order and for how long.
- Non-molestation orders are typically made for 6–12 months but can be extended
- Occupation orders are harder to obtain — the court considers the balance of harm test
- You may be eligible for special measures at court if you are afraid of the respondent
Enforcement
Once made, the order must be served on the respondent (usually by the court or a process server). Breach of a non-molestation order is a criminal offence — call 999 if the respondent breaches the order. Breach of an occupation order is contempt of court, enforceable by the applicant applying for committal.
- Keep a copy of the order with you at all times
- Report any breach to the police immediately — they can arrest for breach of a non-molestation order
- Keep a diary of any further incidents
비용
중요 경고
If you are in immediate danger, call 999. An injunction is a civil order — for immediate protection, contact the police.
Making false allegations in support of an injunction application is contempt of court and may result in criminal prosecution.