Domestic violence is defined broadly and many individuals are not even aware that they are in an abusive relationship. Jacksons’ Family Law team advise and assist with non-molestation order applications to prevent a person from continuing to threaten, harass or intimidate another.
Domestic violence is not only limited to physical abuse
It actually includes any sexual, emotional, psychological or financial abuse with an incident or pattern of incidents of controlling, coercive or threatening behaviour. It doesn’t just happen to those who are in a relationship. Family members, or a family member of someone who is in a relationship with the perpetrator, may fall victim of this crime. Many incidents of domestic abuse are criminal offences which can lead the police to arrest or caution the perpetrator.
The police and magistrates have now put in place Domestic Violence Protection Orders which is to try and safeguard victims of domestic violence. However, these orders really only provide a short term solution and the perpetrator will not be allowed any contact with the victim for 28 days only.
For a longer term solution an injunction from the court would be more suitable, if further protection is required.
The following orders may be obtained from the court:
- Non-molestation Order. This usually lasts for 12 months however, you can apply for it to be extended. It is required to prevent someone from using or threatening violence against you. It also prevents them from intimidating, harassing or pestering you.
- Occupation Order. This decides who lives in the property (this is only short term) that you previously shared with your abusive partner.
- Anti-harassment Injunction (Protection from Harassment Act 1997). This will prevent your partner harassing or assaulting you. The harassment has to have happened on two separate occasions.
If any of the orders above are breached, the perpetrator can be arrested.