It is a sad and shocking statistic that a woman is assaulted in her home every six seconds in the UK and one woman is killed every three days. It is estimated that a third of woman experience domestic violence during their lifetime and on average police receive a call about domestic violence every minute.
Stephensons have a team of specialist solicitors who are able to assist victims of domestic abuse related offences and obtain the protection that they need from their husbands, partners or ex-partners.
Domestic abuse is not always about physical or sexual abuse and emotional abuse can be just as serious and damaging. Domestic abuse can take the form of verbal abuse, harassment, domination and control.
The Family Law Act 1996 is the legislation providing protection for victims of domestic violence. The Court has the power to make either one or both of the following orders:
Non-Molestation Order
This is an order used to restrain someone from using or threatening violence to the applicant or a child, or from molesting them. The Court has the power to make an order forbidding the respondent from using or threatening violence against the applicant and instructing, encouraging or in any way suggesting that any other person should do so.
Occupation Order
An Occupation Order is a more draconian order and it regulates the occupation of the family home to protect the applicant and children from domestic violence. The terms of the orders can be wide ranging and can prevent an abuser from entering the property altogether or prevent them from entering certain parts of the property. An Occupation Order can also prevent the abuser from coming within a certain distance of the property. This list is not exhaustive and the Court can make orders to accommodate the unique facts of each case.
An Order can be made for the applicant to occupy a home that is not owned by them. Also, a power of arrest can be attached to the order if there is a concern that the respondent may not adhere to the Order.
The Court must make an Order if it is likely that the applicant or a child is likely to suffer significant harm if an Order is not made, unless it appears that the respondent or any relevant child is likely to suffer significant harm if the Order is made and the harm likely to be suffered by the respondent or the child in that event is as great as, or greater than the harm attributable to the conduct of the respondent which is likely to be suffered by the applicant or child if the order is not made.
Orders can last one month, six months or even one year.
Urgent applications can be made to the court without notice to the respondent.
We have a large team of experienced family specialists and can offer specific advice tailored around the unique circumstances. We offer advice in all areas of family law.
