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Living within an abusive or violent relationship is extremely traumatic to the point that it can be difficult to see any way of escaping from such aggressive behaviour. If you or your children have been subjected to violence, threats of violence or any form of harassment whether it be from a husband, wife, partner or other family member then you are likely to have grounds to obtain an Order from the Court. Such Orders are commonly known as Injunctions and should help you to escape the relationship and protect you and your children from further abuse.
Our experienced family law team can advise you on all available options and support you through every step of the proceedings, including representation at Court.
The two types of Injunction Order usually available are:
These Orders are designed to protect you from further violence, threats of violence and acts of aggression or harassment. In emergency situations such Orders can usually be obtained within 24 hours. A Non-Molestation order will usually remain in force for 6 to 12 months. A copy of a Non-Molestation Order will also be handed to the local Police so that they are aware of the situation. Breach of a Non-Molestation Order is a criminal offence and will usually result in the person named in the Order being arrested and brought before a Magistrates Court on criminal charges.
An Occupation Order regulates the legal rights that you and your partner or other members of your family have to occupy your family home. You can pursue an application for an Occupation Order even if you are not the owner or tenant of the property. Occupation Orders are not usually made on an emergency basis although they can be in exceptional circumstances. The Court has the power to order an individual to leave a property and prevent them from re-entering it. Such Orders usually remain in force for 6 to 12 months and can be extended. The Court also has the power to make additional orders relating to the payment of mortgage, rent or other outgoings at the property and for the preservation of the furniture and contents in it.
If you are experiencing domestic violence or aggressive behaviour do not suffer in silence. Our experienced supportive family law team can help you.
National Domestic Violence 24hr Helpline: 0808 2000 247