Protection from domestic abuse

There are two types of Court orders and our solicitors will advise about what would give the best protection for the particular situation.

The Court can make one or both of the following orders:

Non-Molestation Order

This restrains someone from using or threatening violence to a person or child, or from molesting them. It can also restrain someone from instructing, encouraging or in any way suggesting that any other person use or threaten violence against a person.

Extra protection is available from the police. If the order is breached it is a criminal offence and the person can be arrested.

Occupation Order

This says who can live in the family home and who might have to leave for a period of time in order to provide protection for someone and their children. The actual terms of the order can be wide ranging. For example, the order can prevent a person from entering the home altogether or prevent them from going into certain areas of the home. The order can also prevent someone who has left the property from approaching the home or coming within a certain distance of it. The Court can make orders to provide protection to accommodate the unique facts of the case.

It does not matter if a person does not own the home in which they live. The Court can support them living in the home by making an order to say that they can remain there.  It does not matter if a person is unable to get back into their home because they have been locked out as the Court can order that they be allowed back to live there.

If the home is rented the Court can transfer the tenancy into someone’s name, even if it is not in their name to begin with.

There might be a situation whereby there is concern about how someone is going to afford to live in the property if their partner leaves.  The Court can require the partner to make specific payments for a period of time, for example to pay the mortgage or the rent.

To provide extra protection, a power of arrest can be added to the order which means that if it is breached the police can arrest without a warrant and bring the person into custody.

How long do orders last?

This depends on the court but experience shows that they can last weeks, months, or for a year and above.

What practical tips are there?

• Our solicitors will always say that if there is concern for immediate safety that the police should be called. 
• Report any injuries suffered to the GP or hospital as this is independent evidence of what has been going on and can strengthen the case.
• Keep a record of relevant events as a reminder of the history of abuse which can support any court application.
• Keep money available at home and essential items close at hand in the event that there is a need to leave urgently.
• Have a telephone available to maintain contact to family, friends and emergency services.