How long will it take to get an Injunction?
In many cases it is possible to make an Emergency Court Application immediately and on an ex parte basis which means your husband or wife will not be told about it before hand. However they will be notified afterwards.
What if my husband or wife then breaches the Injunction?
Injunctions generally have a Power of Arrest attached to them and so the police are aware when an Injunction is in place. Therefore you should telephone the police immediately who will then arrest your husband or wife.
If I choose to leave the matrimonial home, can I later return to it?
Yes as you have rights in occupation if you are married.
If I choose to leave the matrimonial home do I need to tell my husband or wife my new address?
No and in circumstances where there has been violence it is advisable to keep your new address confidential.
Can I exclude my husband/wife from the former matrimonial home?
You can only exclude your husband/wife from the former matrimonial home if their behaviour towards you has been serious enough for them to be kept apart from you so as to protect you. In order to do this you will need to apply to Court for an Occupation Order and prove that you are at risk of significant harm. This will provide temporary protection whilst the financial matters are being sorted out.
