Family law - domestic violence
The greatest risk from domestic violence arises on separation. Domestic violence is a pattern of controlling and aggressive behaviour by one (former) partner or spouse against another.
It does not need to be physical, but can include psychological, sexual or emotional abuse. It also includes threats to carry out such abuse. Its occurrence, and impact on the victim and any children of the family, cannot be underestimated.
Our family lawyers are very aware of the frequency and sensitivity of this issue, and the need for it to be addressed quickly and safely, when it arises. An injunction can prevent further abuse and exclude the perpetrator from your home. It can also provide a breathing space for you to recover and make decisions about your future.
There are two types of injunction order which can be sought to protect you:
- a Non-Molestation order: this forbids the threat or use of violence and the use of intimidation, harassment or pestering. It can also prohibit specific behaviour. When deciding whether to make such an order, the court has to take into account all of the circumstances including the need to secure your health, safety and wellbeing and that of any children you may have
- an Occupation order: this can be obtained where significant harm to you or your children is likely. The order may include:
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- a requirement that your partner / spouse leave the home
- suspension of their right to occupy the home
- exclusion of them from a defined area around the home
If you do not feel safe continuing to live with your partner / spouse, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.
Such orders are usually made for a period of six months initially, although they can be extended.
If you are in immediate danger, you can apply to the court for a non-molestation or occupation order on an emergency basis, without giving prior notice to your partner / spouse.
Non-molestation orders (and, in exceptional cases, occupation orders) can be granted by the court urgently, on the day the application is issued. Otherwise, prior notice of your application must be given to your partner / spouse, allowing them the opportunity to make representations to the court before any order is made.
A Power of Arrest can be attached to all or part of the occupation order. The police are then able to arrest your partner / spouse should they breach the order. Breach of any such order is contempt of court and if they do breach an order they could be sent to prison by the civil court which made the order. Breach of a non-molestation order is also a criminal offence.
Most applications for a non-molestation or an occupation order are ‘freestanding’, which means that they are issued without the need for any other court proceedings to be underway. The applications can however be made at the same time as other family proceedings, such as divorce proceedings.
Family law solicitors
To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
