What is the difference between an injunction and a restraining order?

Restraining orders and injunctions are both commonly used to protect victims of domestic abuse from their abusers.

Both types of order are used to restrict an offender’s actions in order to protect the victim and any children involved.

The kinds of restrictions that the two orders may impose on an offender include:

  • Prevent them from living in the family home.
  • Prevent them from entering the family home and the surrounding area.
  • Prevent them from contacting the victim.
  • Prevent them from pestering or harassing the victim.
  • Prevent them from using or threatening violence.

But what is the difference between the two types of order and when is each appropriate?

Injunctions

There are two different types of injunction; an occupation order, and a non-molestation order. Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse.

Restraining order

Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims. The order can prevent them from contacting or coming within a certain distance of the victim.

What is the difference between an injunction and a restraining order?

Injunctions and restraining orders can be used for very similar purposes.

The main difference between the two is that an injunction can be used to impose restrictions on the offender before they’ve been charged with a criminal offence, whilst a restraining order is issued at the end of a criminal case. A restraining order can be issued whether or not the offender was found guilty.

If you don’t meet the criteria for an injunction, then a restraining order may be a better solution for you. It is also possible to apply for a restraining order yourself through the civil court.

If you require help, support, or legal advice relating to domestic abuse, please give our team of family law specialists here at Lund Bennett a call on 0161 927 3118.