Family Law specialist, Curtis Wray looks at the protective injunctions available for victims of domestic abuse.
It has been widely reported that there has been an increase in individuals seeking support from domestic abusive support services. If you have been, or are currently being subjected to domestic abuse, we can help and are available to offer advice on whether you may be able to obtain a protective injunction.
Our team of family solicitors has experience of applying for Non-Molestation Orders and Occupation Orders. We set out below information relating to these Orders which can be obtained in order to protect you from domestic abuse.
Non-Molestation Orders
A Non-Molestation Order prohibits an individual from molesting, harassing, threatening and/or pestering you or, potentially, a child of yours. Whilst the legislation specifically refers to molestation, the term ‘molesting’ is not specifically defined; however, our team of family solicitors is aware that the following can qualify as molestation:
- Acts of, or, threats of violence
- Verbal abuse
- Emotional abuse
- Sexual abuse
- Coercive control
- Gas lighting
- Economic abuse
- Persistent communication
- Attending at an individual’s home whilst uninvited
- Sending abusive messages
- Searching through personal items
- Sending derogatory images to third parties.
By obtaining a Non-Molestation Order you can be protected against a perpetrator subjecting you to the types of behaviour detailed above.
It is also important that you consider any other assistance you could obtain, in addition to instructing solicitors, that may help with controlling the perpetrator’s behaviour. You should consider contacting the police or seeking help from domestic abuse support service.
Do not hesitate to contact us directly if you require any assistance or simply wish to discuss your circumstances.
Occupation Orders
An Occupation Order can be applied for as a stand alone Court Order but is usually, applied for in conjunction with a Non-Molestation Order.
An Occupation Order, if granted, could provide you with the sole right to reside in your home to the exclusion of the individual exhibiting the abusive behaviour.
The Order can also address practical consideration of your occupation, such as, who will be responsible for paying the rent or mortgage for the property.
In most case, applicants will have a right to reside in the property by virtue of an interest vested in the property, either through ownership, contractual right or matrimonial home rights. This is not always the case, however, you may still be able to apply for an occupation order if it can be shown that the property was, or was to be your home.
The Court consider two keys test when deciding whether an Occupation Order should be granted, these are known as the balance of harm and the core criteria test.
If you are currently experiencing domestic abuse and wish to receive advice as to whether you could potentially apply for an Occupation Order, do not hesitate to contact our team.
Do Not Delay
One key issue that can impact upon the success of any application is delay. It is imperative that you seek advice as quickly as possible to ensure that you are in the best position to protect yourself. Our family solicitors understand the implications of delay in such applications and will act promptly and expediently to protect your interests.
At Girlings, we are here to help. If you need any assistance please do not hesitate to contact a member of our Family Law Team for advice on your individual circumstances.
