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Domestic Violence & Protection

In many cases, the police will assist when physical violence takes place between you and your partner or other family member. Any violent incident should be reported to the police as soon as possible.

In some circumstances, it is necessary for a solicitors’ letter to be sent to the violent person to warn them that, if their behaviour continues, Court proceedings may be commenced. In many cases, such a warning can be successful and prevent further violence.

Where necessary, application can be made to the Court for an injunction, which is an Order to protect you from further violence or harassment. There are two types of Orders that may be sought under the Family Law Act 1996:-

  • Non-Molestation Order – this will be an Order by the Court forbidding the violent person from assaulting, molesting, pestering or harassing the other person.
  • Occupation Order –if necessary, a Court will make Orders which will restrict or exclude a person from a property if it is necessary for the health, safety or well being of the other person or their children.

In cases of extreme urgency, where there has been serious violence and immediate protection is required, an injunction can be sought without notice being given to the violent person; they will have an opportunity to put their side of the case at a later date.

It is a criminal offence to break a Non-Molestation order and the police have the power to arrest the person who has breached the Order. The Family Courts have the power, if a violent person disobeys a Court Order, to send him or her to prison for a short time.

Injunctions are usually ordered to continue for a specified period of time but can be extended by further application to the Court.

Getting in touch

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