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Is it possible to take out an injunction against someone who has been sectioned under the Mental Health Act and then released?
Is it possible to take an injunction out against a person who has enduring mental health problems and has been discharged from hospital - I'm assuming them to be deemed well - to safeguard against very aggressive threats and behaviour for which they were arrested on a public order offence then deemed unwell and put on Section 3 of the Mental Health Act?
If you feel under threat then you can apply for an injunction in certain circumstances.
If you are an "associated person" meaning:
- You are or have been married to each other.
- You are or have been in a civil partnership with each other;
- You are cohabitants or former cohabitants (including same sex couples)
- You live or have lived in the same household.
- You are relatives.
- You have formally agreed to marry each other (even if that agreement has now ended).
- You have a child together (this can include those who are parents of the same child, and those who have parental responsibility for the same child).
- Although not living together, you are in an “intimate relationship of significant duration”.
- You are both involved in the same family proceedings (e.g. divorce or child contact).
you can can make an application under Part IV of the Family Law Act 1996 which provides for a non-molestation order or an occupation order.
Recent legislation (the Domestic Violence Crime and Victims Act, 2004) will amend the Family Law Act so that cohabiting same sex couples will be able to apply for occupation orders, and they, as well as couples who do not live together or have children together, will also be able to apply for non-molestation orders.
If you are not eligible to apply for an order under the Family Law Act, or if you are being continually harassed, threatened, pestered or stalked you can also get civil injunctions under the Protection from Harassment Act 1997. Recent legislation also allows a restraining order to be attached when criminal proceedings have been taken - even if the conviction has not been upheld – if the court believes you are likely to be at risk. Restraining orders can provide the same protection as injunctions under the civil law but may be more effective as they carry stronger penalties.
Action under the criminal law, coupled with restraining orders, may help you avoid the cost of taking civil legal action if you do not also need to apply for an injunction to exclude your abuser from your home.
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