Domestic violence is any type of verbal, physical, emotional or financial abuse that either party in the relationship has to suffer. When it occurs we can, in appropriate circumstances, to secure an emergency non-molestation order. A non-molestation order will forbid your opponent from using or threatening to use violence towards you, intimidating, pestering or harassing you.
On the 1st July 2007 there was a change in the law as a result of which any breach of a non-molestation order constitutes a criminal offence punishable with up to 5 years in prison. There has been some controversy about this reform because now any such breaches have to be dealt with by the criminal courts.
The court can also make an occupation order which regulates which party should live in the home. The court can order your partner to be removed from the home completely. It could order that your partner is only able to enter certain rooms in the home. The court can also ensure that rent/mortgage instalments, repair and maintenance of the property are kept up to date whilst the order remains in force.
Powers of arrest can now only be attached to occupation orders. This means that if your partner does not comply with the terms of the Order he/she can be arrested and brought before the county court who will deal with his/her conduct in the appropriate way.
See our case studies for typical situations a court can make emergency relief orders.
Most applications made to the court can be pursued within domestic jurisdiction. Sometimes this is not possible in which circumstances it might be appropriate to commence proceedings under the Protection From Harassment Act 1997. However you have to be able to establish that there have been at least two incidents of harassment amounting to a course of conduct.
