Q&A Can I get an injunction against my partner if we have a joint tenancy?

Q.      My partner has been violent and abusive towards me for much of the time we have been together. He keeps promising that he will change, and I admit he can be really loving sometimes. However, there is a definite pattern to his behaviour and the bouts of abuse seem to happen mostly after he has been watching sports with his friends at the pub. I am particularly worried with the World Cup going on at the minute. I have told him I have had enough now, and I’ll get an injunction against him if he loses it with me again, but he keeps saying there is nothing I can do as we have a joint tenancy. Is this true? Can I get an injunction against him?

A.       An Injunction is an Order of the Court restraining an individual from a particular act or behaviour. The Family Law Act 1996 permits you to apply for a Non Molestation Order and the Court has a wide range of powers and can order either: that a person must not use and threaten violence against you and must not instruct, encourage or in any way suggest that any other person should do so; or that a person must not intimidate, harass or pester you and must not instruct, encourage or in any way suggest that any other person should do so.

The Court can also grant an Occupation Order which can regulate who may occupy your home, say who should pay the mortgage or rent, and prevent the Respondent from returning to the property or going within a certain distance of it. In addition, you can ask the Court to transfer the tenancy from your joint names into your sole name under the Family Law Act.

You should make an early appointment with a family solicitor to discuss your options.

This question has been answered by Deon Hayward, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Deon Hayward

Deon Hayward

Solicitor

Deon Hayward is a Solicitor based in our Oswestry office.

Sean Rolinson

Sean Rolinson

Solicitor

Part of the Family and Matrimonial team in Wrexham