There are various ways to obtain protection against a violent spouse. Notably, a victim is able to apply for a Non-Molestation Order and/or an Occupation Order.
A Non-Molestation Order is an injunction which offers protection to family members, including children and individuals in a domestic relationship, against the use of violence or other forms of molestation. It also protects against threats of violence, intimidation, harassment or pestering both in person and through other means such as text messages and phone calls. An order can prevent the abuser from coming within a certain distance of the victim, the home address or even attending a victim’s place of work. An order will also prevent an abuser from instructing or encouraging others to do any of those actions.
To make an application for a Non-Molestation Order, the victim and abuser must have “association” under the Family Law Act 1996. This includes those who are or were married, civil partners, living together or partners. It also includes relatives and in-laws along with those who have a child together.
Once granted, a Non-Molestation Order is usually in place from 6-12 months, but this can be extended.
A Non-Molestation Order can also be applied for without your spouse/partner’s knowledge. This is known as an ex-parte application.
A breach of a Non-Molestation Order is a criminal offence, and the police have the power to arrest anyone in breach.
On the other hand, an Occupation Order regulate occupation of the family home and defines who can live there. Abusers can be excluded from the home whilst the victim and the children remain, or they can be excluded from certain areas of the home. An Occupation Order usually lasts for a period of 6 months, although this can be extended for an indefinite period in some instances.
There are also many other alternatives forms of support, like for example charities and support groups which victims can contact. Some of these organisations are as follows:
- National Domestic Violence Helpline – 0808 2000 247
- National LGBT+ Domestic Abuse Helpline – 0800 999 5428
- Refuge Helpline – 0808 2000 247
- Samaritans – 116 123
- The Men’s Advice Line – 0808 801 0327
- Women’s Aid
- Victim Support
- Domestic Violence Shelters
In cases where a victim is in immediate risk of harm, they should call 999 straight away. Domestic abuse is a crime, and the police remain equipped to deal with these situations and offer help.
