Q&A - Can I get an injunction to stop my estranged father threatening me?

Q:  I am 20 and I left home a year ago. When I occasionally bump into my dad he is nasty and threatening towards me. Can I get an injunction against him?

A:  Under S.42 of the Family Law Act 1996 you can apply to the Court for a “non-molestation Order” as you have lived in the same household as your father and, as a relative, you are an “associated person”. A non-molestation Order contains one or both of the following provisions: (1) prohibiting a person (“the respondent”) from molesting another person who is associated with the respondent; (b) prohibiting the respondent from molesting a relevant child.

The Court can make a non-molestation Order if an application has been made by a person associated with the respondent, whether in other family proceedings or not. In deciding whether to exercise its powers under this section and, if so, in what manner, the Court will consider all the circumstances, including the need to secure the health, safety and well-being of you, the Applicant.

You will need to provide evidence of the molestation and convince the Court that you need protection and that judicial intervention is required to control your father’s behaviour. If the Court grants the non-molestation Order your father will be found guilty of an offence if he does anything without reasonable excuse that the Order prohibits him from doing. Under S.42 a person found guilty of an offence is liable, on conviction or indictment, to imprisonment for up to five years, or a fine, or both. In the case of summary conviction, imprisonment is for a term up to twelve months, or a fine not exceeding the statutory maximum, or both.

There is no Court fee when making the application, but it would be best to first consult a reputable family Solicitor for advice.

Artticle 10/12/2018

Leah Mountford

Leah Mountford

Solicitor

Part of the Family and Matrimonial team in Wrexham