There is no excuse for domestic violence, and whether you are married or not applications can be made to protect you from domestic violence.

Non-Molestation Order

A non-molestation order is an order which prohibits someone from molesting you or a relevant child. Molestation means far more than suffering actual violence, but it could include threats of violence or general harassment.

Occupation Order

An order may be obtained permitting you to occupy the property and restricting or extinguishing the right of the other person to occupy the property.

When the court is deciding whether or not to make a non-molestation order it will consider the need to secure the health, safety and wellbeing of the applicant, the other party, and any relevant child.

The criteria for making an occupation order is much more complex, and the detail of the range of orders available differ depending upon your "relationship" with the property you occupy and with the other party. Broadly speaking, however, the court will take into account:

a. Your respective housing needs and resources of any relevant child;
b. Your respective financial resources and;
c. The impact on each of you of making an order;
d. The conduct of each of you.

The most important thing when making an application for non-molestation or occupation orders is not to delay. Seeking early advice is important.

In the event of a real emergency it may be possible to make an immediate application for an injunction, without the other party even knowing about it.