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Domestic Violence

Domestic violenceDomestic 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 limited to physical abuse and actually includes any sexual, emotional, psychological or financial abuse with an incident or pattern of incidents of controlling, coercive or threatening behaviour.

Domestic violence is not limited to those in a relationship and can include family members or a family member of someone who is in a relationship with the perpetrator. 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. These orders really only provide a short term solution as they only last 28 days where the perpetrator is not allowed any contact whatsoever with the victim.

For a longer term solution, if further protection is required then an injunction from the court would be more suitable. The following orders may be obtained from the court:

  • Non-molestation Order. This order usually lasts for 12 months and is required to prevent someone from using or threatening violence and also prevents them from intimidating, harassing or pestering you. You can apply for this order to be extended.
  • Occupation Order. This order 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 order will prevent your partner harassing or assaulting you. The harassment has to have happened on two separate occasions.

If any of these orders are breached the perpetrator can be arrested.

 

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