Domestic Violence

What is Domestic Violence?

Violence can take many forms e.g. use or threat of physical force or it extends beyond physical assaults to include any form of physical, sexual or psychological molestation or harassment.

It is, therefore, possible to protect people against non-violent harassment or molestation, for example, persistent pestering, intimidation, denigration, nuisance telephone calls, damage to property etc.

What protection is available?

A Non-Molestation Order prohibits a person from using violence, threatening to use violence, harassing, intimidating or otherwise interfering with another person.

Occupation Order’s deal with the family home and enable the Court, where appropriate, to allow the Applicant to return to the family home and/or exclude the Respondent. The Court may also exclude a person from a defined area around the family home.

Undertakings are a promise by the Respondent to the Court not to molest or harass the Applicant and/or to leave the family home or to allow the Applicant to return to that property. By giving an undertaking, the Respondent does not make any admission that he/she has behaved in the manner complained of by the Applicant.

Who can apply?

Non-molestation orders-spouses, former spouses, cohabitees, former cohabitees, relatives and gay/lesbian cohabiting couples.

Occupation Order as per above save for relatives, who cannot apply. For those on low incomes, we hold a legal aid franchise in family law, which means funding may be available for your case.

Free initial advice available and the first appointment available within 24 hours.

Protection from Harassment Act 1997

The protection available under the Family Law Act 1996 outlined above is not available to all victims of domestic violence. In particular it would not provide protection in cases where the Applicant has no domestically family relationship with the Respondent.

In these cases the Protection from Harassment Act 1997 can provide protection and this act makes it both a criminal and civil offence to harass another person. Under the act, the Court can make restraining Orders against those convicted of harassment and can also fine and/or imprison such person.

In cases where it is likely that the Applicant will have to fund at this action privately it is extremely important that they discuss this matter with the local Police before seeking legal advice to see what steps the Police can take.