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Injunctions

Answer

In order to get an injunction you will need to go before a Judge in the County Court. The Judge will hear the application and decide whether or not it is suitable to issue an injunction. At the first hearing the Judge will (more than likely) issue an interim order, followed by a further hearing to issue the injunction.

There is no fee for obtaining an injunction but there may be associated costs for legal advice. Legal aid is available for certain types of injunctions providing you meet the criteria but, it is not available for defending against an injunction. For details on how to apply, please see the link in 'Related Information' (you may wish to obtain advice and/or assistance from a solicitor, but this is not a legal requirement).

Injunctions under the Family Law Act 1996 as described above are not only available to ex partners, but there is also an extensive list of people classed as relatives and cohabitants that can apply. Co-habitants are couples who live together but are not married.

The National Centre for Domestic Violence can obtain injunctions for those suffering from domestic violence. You can also get advice on applying for an injunction from a charity, for example Refuge, Women’s Aid, Citizens Advice or ManKind  - see 'Related Information' for further details.

You should report this behaviour to your local police force if either you or, your solicitor feel that it amounts to a criminal offence. In these circumstances an injunction may also carry a power of arrest.

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Related Information
Answer

No, getting an injunction is generally a civil matter dealt with by a solicitor. Only in certain circumstances will the police get involved; i.e. when you or your solicitor think the behaviour by your ex-partner/cohabitant amounts to a criminal offence. Co-habitants are couples who live together but are not married.

The National Centre for Domestic Violence can help in applying for an injunction for those suffering from domestic violence. 

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Related Information
Answer

It depends on the circumstances as to whether the police can become involved, however, if the video or photo is of a child (a person under the age of 18) and is indecent, then the police will become involved regardless of the circumstances (see below).

Revenge porn is the publication of explicit material portraying someone who has not consented to the image or video to be shared. It is an offence to disclose a "private sexual photograph or film" without the consent of the person depicted in the content, and with the intent to cause them distress.

A person found guilty of this offence will face a fine or even imprisonment.

If the circumstances do not fit the above offence, i.e. there is no intent to cause distress but the photo/video is, for example, on one of the social networking websites, you could speak to the administrator of the internet site who may remove the material. Otherwise, you would need to obtain a restraining order from the courts to order the removal of the material. You should seek advice from the Citizens Advice or a solicitor about this matter before going ahead. 

With regards to showing photo/video footage of yourself without your permission and there is no intent to cause distress, if you are over 18, the footage needs to be classed as grossly offensive or indecent, obscene or menacing character (the legal threshold of which is quite high and would not normally cover what could be classed as merely offensive).

If you are under 18 then the footage needs to be classed as indecent before the police can become involved.

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Related Information

Contact your local police force

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