Domestic Abuse

If you are the victim of abuse within a relationship then not only can the criminal justice system offer you protection, the civil Courts can too.

There are two different Court orders which can be made to protect you from further violence or abuse. These are non-molestation orders and occupation orders.

Unlike the criminal system these are not designed to punish the perpetrator for previous incidents of abuse but to protect you from abuse or violence in the future.

During Court hearings you can ask for special measures such as separate waiting areas and screens in the Court room so that you do not have to come into contact with the perpetrator.

Non-molestation orders:

• Are made to prevent further incidents of physical violence, threats, intimidation and harassment.
• Can be sought against an ‘associated person’. This definition has deliberately been made as inclusive as possible to give the protection to as many people as possible. If you are unsure if it applies in your case, please contact us and we can advise you.

It is a breach of these orders not only if the Perpetrator takes action but also if they encourage someone else to harm you. Breach of these orders can be a criminal offence which can be dealt with by the police.

Occupation orders:

• Can exclude the Perpetrator from a particular address;
• Can remove the Perpetrator from a particular address to allow you to return;
• Can prevent the Perpetrator from coming within a certain distance of the address.

Breaches of occupation orders are dealt with by the Civil Court and are not a criminal offence.

You can ask the Court to make an occupation order if you have shared a property with the Perpetrator of the violence or abuse as a spouse, former spouse, cohabite or civil partner.

How can we help?

If you are uncertain as to whether the abuse which you have suffered warrants a Court application, or if you are concerned that making an application may make matters worse rather than better, please contact us on 01823 256 494 or submit an online enquiry below and we can advise you on your particular situation.