Domestic violence and injuctions

If you or your children have been subjected to domestic violence by a partner or relative, we can assist. Domestic violence is not limited to physical abuse, it can be emotional abuse as well. If you have suffered physical abuse this is a criminal offence, and the Police may well press charges. In addition to this you can bring a civil action to prevent further abuse.

There are two main types of injunction that you can seek from the Court:

Non-Molestation Order

This is a protective order for victims of domestic abuse. It can be obtained against a partner or a family member and it will prohibit them from harming, harassing or abusing you and/or your children in any way. The order can refer to molestation in general, to particular acts of molestation, or both. The order may be for a specific period or until further order of the Court. In deciding whether to exercise its powers under this section the Court shall have regard to all the circumstances including the need to secure the health, safety, and well-being of you and of your children.

Occupation Order

The Court can make orders to regulate occupation of the home, to exclude your partner from the home and the vicinity of the home and to prohibit, terminate or restrict the exercise of your partner’s occupation rights, as appropriate.

The balance of harm test is the relevant test for the Court in deciding whether to make the order. The test will vary depending on the particular circumstances of the case and you will need to seek help from a family law specialist.

At Judge & Priestley we have the necessary expertise to help you and to support you through the process. We will also be able to make any application for a protective measure on an urgent basis and at short notice.

If you would like to discuss this matter with one of our specialist solicitors, please contact us to make an appointment.