Domestic Violence
There are two kinds of orders available to the Victims of Domestic violence. These
are an order that the abuser does not molest/assault the victim (Non Molestation
order) and secondly an order regulating the occupation of the home (an Occupation
order).
Non Molestation order
This is an order that one party does not pester, molest or abuse the other party;
it includes conduct that harasses or threatens the applicant.
Occupation order
An occupation order can remove an abuser from the home and give a right to the victim
to remain in or return to the home. It will depend on the status of both the parties
in relation to their entitlement to occupy the home as to what orders the Court
can make. We can advise fully in relation to this.
Who can apply?
You must be “associated” with the abuser. An “associated” person is:-
- Someone who you are/have been married to
- Someone whom you live with/have lived with (not as a lodger or tenant)
- Someone you are related to
- Someone you have agreed to marry
- Someone whom you have a child with
- Someone with whom you are a party to any family proceedings
In relation to Occupation orders not only must you be associated to the abuser but
also entitled to occupy the home either by way of a beneficial interest or contract
or by way of Matrimonial Homes Rights.
Factors the Court will consider
The court will look at all the circumstances, including the need to secure the health,
well being and safety of the applicant or any relevant child. In relation to Occupation
orders the Court will look at the significant harm that the victim or child may
suffer if the order is not made.
Without Notice applications
A Without Notice application is made by one party without the other party being
aware of it or being given notice of the proceedings. This type of application can
be made when there is a need for urgent protection and any delay may endanger the
applicant or child.
Enforcement
If the abuser breaches the order then they are likely to be brought back before
the Court for contempt of Court and may face imprisonment. This can be achieved
either by a power of arrest being attached to the order or by Committal proceedings
being instigated.
As of 1st July 2007 it is also a criminal offence to breach a Non-Molestation Order.
The penalty for anyone found guilty of breaching the Order is a maximum of five
years imprisonment.
If you would like to arrange an appointment to see one of our Family Law Team to
discuss this or any other family law issue, please e-mail
family@chattertons.com or telephone one of the numbers given below .
Contact Details
Family Team