Domestic Abuse

Domestic Abuse

Domestic abuse, also known as domestic violence, is a pattern of behaviours used by one person to exert power and control over another person in the context of an intimate or family relationship, which can take many different forms.

Domestic abuse can occur between long-term spouses or those who have had any form of intimate personal relationship in both opposite-sex and same-sex relationships. It can even occur between relatives – there doesn’t need to have been a romantic relationship for there to be domestic abuse.

Domestic abuse can take various forms, including physical, emotional, psychological, sexual, and financial abuse. It is a serious and widespread issue that affects individuals and families regardless of age, race, religion, or socioeconomic status.

Although there are a number of criminal charges which can be pursued against those who have perpetuated domestic abuse, the Family Court can also offer certain protections to those who have suffered, or are at risk of suffering, from abuse.

Non-molestation

A Non-Molestation Order is issued by the Court to protect a person (the applicant) from being subjected to molestation or harassment by another individual (the respondent). This type of injunction is commonly sought in cases of domestic abuse or harassment and is designed to provide protection to those who may be at risk of harm or harassment from the respondent.

Unlike a criminal investigation which can often take some time, a person can apply for a Non-Molestation Order and obtain this protection from the Family Court within a number of days. If the respondent breaches the Order (for example, by harassing the applicant), they will be arrested by the police – because breaching a Non-Molestation Order is a criminal offence. The injunction itself is time limited (usually six to twelve months) but can be extended if necessary.

Non-Molestation Orders are an essential legal tool to protect individuals from abuse, harassment, and harm in domestic situations. It is crucial for victims of domestic abuse to seek legal advice and support when applying for such orders, as the process can involve legal complexities and requires appropriate evidence to support the application in order to ensure it is successful.

Occupation Orders

An Occupation Order is issued by the Court to regulate the occupation of the home. This means that the Court could require one person to leave the home and enforce the right of the other person to remain in the home.

The Court can determine who has permission to enter the home and whether there are any restrictions on which parts of the home each person can access. This can extend to the area immediately around the home (for example, the surrounding streets). The Court can additionally make directions about who should be paying the household costs (to include mortgage or rental payments) whilst the Occupation Order is in force.

Occupation Orders are made for a specific period of time, usually approximately six months, but they can be extended.

Funding

Legal Aid funding is available to those wanting to apply for the above two orders, although there is an eligibility criteria which must first be satisfied. Please speak to one of our solicitors to see whether you could be eligible. Additionally, support services, helplines, and domestic violence organisations can offer assistance and guidance to those seeking protection from abuse.

Legal Aid funding is not usually available to assist the respondent, and therefore respondents need to fund their legal representation privately. If you have been served with an application for a Non-Molestation Order or an Occupation Order, or if either of these Orders have already been made against you, you urgently need to seek legal advice from a solicitor – because there are usually very strict time limits in place to respond to such an application, and the implications of failing to manage this well are extensive.