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).

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 click here or telephone one of the numbers given below.
 

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, wellbeing 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.
 

Ex Parte applications

An ex Parte 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.
 

Contact Details

Sleaford	(01529) 411500	Eleanor Thornton
Grantham	(01476) 591550	Joanne Chidlow
Boston	(01205) 310025	Karen Motley
Horncastle	(01507) 522456	Robert Smith
Spalding	(01775) 725664	Karen Motley
Lincoln	(01522) 814600	Jane Speed
Newark	(01636) 673731	Jane Speed
Stamford	(01780) 764145	Joanne Chidlow