Domestic Violence

No one should have to suffer domestic abuse. Thankfully, if you are a victim of then there are steps that you can take to protect yourself and your children.

What is domestic abuse?

The first important thing to understand is that domestic abuse does not just mean physical violence by the abuser against the victim. The term ‘domestic abuse’ covers much more than just that.

The Government has defined domestic abuse to include any behaviour that consists of any of the following:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour, such as preventing the victim from seeing friends or family
• Economic abuse, i.e. any behaviour that has a substantial adverse effect on the victim’s ability to acquire, use or maintain money or other property, or obtain goods or services
• Psychological, emotional or other abuse

It does not matter whether the behaviour consists of a single incident or a course of conduct.

The behaviour may be behaviour “towards” the victim, despite the fact that it consists of conduct directed at another person, for example the victim’s child.

If you are the victim of any such behaviour you can apply to the court for two types of order to protect yourself: occupation orders and non-molestation orders. Both types of order can, if necessary, be obtained on an urgent basis.

Occupation Orders

An occupation order regulates who lives in the family home. It can, for example, require an abuser to move out of the home, to stay away from the home, or to allow a victim they have forced out of the home back into the property.

In deciding whether to grant an occupation order the court will consider all of the circumstances of the case, including the housing needs and resources of both parties and any children, the financial resources of both parties, the likely effect that making an order, or not making an order, will have on the parties and any children, and the conduct of the parties in relation to each other.

The exact type of occupation order that can be applied for, and how long the order will last, will depend on the parties’ legal entitlement to the home. The court can also make orders as to who is to pay for repairs and outgoings etc on the property whilst the order lasts.

An occupation order will usually have a power of arrest attached to it, in which case a police officer may arrest the abuser for breach of the order, and have them taken before the court to be punished.

Non-molestation Orders

A non-molestation order is an order prohibiting an abuser from ‘molesting’ their victim, or a relevant child. Essentially, not to act in the way that they previously have.

In deciding whether to make a non-molestation order and, if so, in what form, the court will have regard to all the circumstances of the case, including the need to secure the health, safety and well-being of the applicant and of any relevant child.

A non-molestation order may be made for a specified period, or until further order. A non-molestation order carries an automatic power of arrest.

A non-molestation order can be enforced either by reporting the abuser’s behaviour to the police and requesting them to commence criminal proceedings, or by asking the court that made the order to have the abuser arrested and/or punished, for example by being fined or sent to prison.

How Prince Family Law can help?

At Prince Family Law we have experience in dealing with Non Molestation Orders designed to protect anyone subject to domestic abuse and Occupation Orders that can order one party to leave the house and not return.  

We fully appreciate this is a very sensitive issue and if you have suffered or are suffering from domestic abuse please contact one of our specialist team at Prince Family Law who will advise you as to the appropriate steps you may take to provide you and your children with maximum protection.  

Alternatively if an allegation of domestic abuse is made against you we can advise you of the law and your rights.