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Protection from domestic violence

Domestic violence and abuse can occur in many forms which can include but are not limited to emotional, financial, physical, psychological, and sexual.

What can we do to help?

Most forms of domestic violence are criminal offences and should be reported to the police which can lead to the issuing of a Domestic Violence Protection Notice or even applying for a Domestic Violence Protection Order. They can pursue the offence in criminal court and issue bail conditions for your protection.

If the police do not seek any avenue which you believe adequately protects you we can apply for injunctions to protect you. These orders are called non-molestation orders and occupation orders. They apply to people who have had a relationship with each other and can include, relatives, intimate relationships, or even people living in the same household.

Non-Molestation Orders

A Non-Molestation Order can prevent someone from using or threatening violence against you or a child. This can include preventing physical harm, verbal abuse or threats and pestering. The Order can include indirect actions such as contact through a third party, writing on social media, intimidation or even persistent texts. If necessary, we can advise on whether we can seek the Order to prevent someone from going to a particular area, such as your home address, anywhere you may be living or a workplace.

Usually, these Orders last for six to twelve months. Yet, it is possible to apply for further Orders.

Breaching a non-molestation Order is a criminal offence which can be punishable by five years imprisonment or contempt of court.

Occupation Orders

An Occupation Order can determine who will live at a family home in situations of domestic violence. The Order can sometimes exclude someone from a property or in other cases set out rules to allow the property to be shared.

Gaining this Order from the Court can depend on the relationship between parties and property rights.

The Court will look towards the parties' financial resources, housing needs, and the conduct of parties towards each other.

This Order is usually temporary to allow parties time to organize and plan where they will live long-term and how they will divide their property.

Emergency Orders

Sometimes, it may be safer for us to apply for an Order very quickly. This is known as a without-notice application, whereby we ask the court to make the Order without notifying the other person. The Court will list another hearing to give the other person then the opportunity to attend and have their say once the vulnerable person/people are protected.

Please do not hesitate to contact us to book a free half-hour, no obligation, appointment to gain some advice and support regarding domestic violence as well as other matters such as child arrangements and divorce.

For further information, please contact our Family Law department.  

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About the author

TMJ Legal Services

TMJ Legal Services has been helping individuals and businesses since 1986.

TMJ Legal Services

TMJ Legal Services has been helping individuals and businesses since 1986. We offer a range of advice and services. 

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