Domestic Violence

The term domestic violence covers, not only physical violence, but also threats, harassment, abuse and intimidation, carried out by someone with whom the victim has a relationship or has had in the past.

Protection can be sought by the victim of domestic violence by applying for an injunction against an abusive husband or wife, civil partner, partner (including same sex partners), a parent or a child. Injunctions can also be taken out against ex husbands, ex-wives and ex-partners.

There are two types of injunction:

• Non-Molestation Order - This is an order intended to prevent someone from using or threatening violence against a person or harassing, pestering or interfering with them.
  A non-molestation order may be made for a set period of time or until a further order is made.
• Occupation Order - This order will determine who is to live in the family home and may also be used to prevent the abusive person from coming within a specified distance of the home.
  Occupation orders are meant to be a temporary measure and usually last a specified period.

Occupation orders can include the following:-

• Authorise the applicant to remain in the home if the partner is attempting to evict them.
• Let the applicant return to the home if they have been forced to leave or are not being allowed to return.
• Bar the abuser from the entire home or part of it.
• Specify that the couple must occupy different parts of the home
• Instruct one partner to leave the home.

Often a power of arrest will be attached to an injunction giving the police the authority to detain the abuser if they break the order. A breach of a non-molestation order is a criminal offence.