Domestic abuse is a type of abusive behaviour. Most consider it to be physical violence, however, it includes a wide variety of behaviour, including the following: –
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic or financial abuse
- Psychological, emotional or other abuse
It is referred to as “domestic” abuse as it must be carried out by a person that is “personally connected” to you. For example, it may be your partner, ex-partner or a family member.
What can be put in place to protect you or your children from domestic abuse?
If you feel that you or your children are in immediate danger, you should always contact the police.
You can apply to the Courts for various injunction orders in order to protect yourself and/or your children from domestic abuse which include the following:
1. Non-Molestation Order
This is a type of injunction which is aimed at protecting you and your children from violence, harassment and threats. It can cover a range of behaviour and is often used to protect victims of domestic abuse.
Non-Molestation Orders are typically made for a period of up to 12 months, but this can be extended.
When deciding whether to grant a Non-Molestation Order, the Court will consider all of the circumstances of the case, including the need to secure the health, safety and well-being of the applicant and any relevant child.
If you breach a Non-Molestation Order, this can result in a fine being issued or a prison sentence of up to a maximum of 5 years.
2. Occupation Order
This type of order relates to the right to occupy the family home in circumstances of domestic abuse. They are made for a specified period of time depending on the particular situation. In practice, an Occupation Order is not usually made for longer than 6 months, however, it is possible to apply for an extension of the relevant period.
If granted by the Court, it can prevent your partner, ex-partner or family member from living in the family home or entering the surrounding area.
In order to apply for this type of order, the applicant or the other party (the respondent) must own or rent the family home.
When deciding whether to make an Occupation Order, the Court have a duty to balance the harm that would be caused to the applicant, the respondent and any children, if the Order was either made or not made. They must also consider all of the circumstances of the case, such as the parties’ financial resources.
Breach of an Occupation Order is contempt of court which can result in a fine being issued or imprisonment of the respondent.
If you have any questions about these issues, please contact our specialist children team who would be happy to assist.