Domestic violence and the family home

Domestic violence legal adviceDomestic violence is unacceptable. One must take action to protect themselves and/or a child and where necessary to telephone the emergency services.

Non-molestation Orders

Domestic violence and abuse is any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to psychological, physical, sexual, financial and emotional abuse.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

You can make a application to the Court for a Non-Molestation Order to prohibit a associated person from molesting you or a child if you feel you have been a victim of domestic violence.

Molesting means to cause trouble, to vex, to annoy or to put to inconvenience. There does not necessarily have to be violence.

The Court must be satisfied that in all the circumstances including the need to secure your or of any relevant child’s health, safety and well-being.

You can make a application to the Courts for a Non-Molestation Order without informing the other party, if, you feel that if they were notified of your intention that you were going to apply for a Non-Molestation Order that there would be a danger towards you and/or a child.

If the Court is to make a Non-Molestation Order it can last for a specific term, generally six months to one year or in some cases a lot longer.

The Court can Order that the other party does not harass you, pester you, contact you and/or come within a certain distance of you or a certain place.

Generally, the other party is given the opportunity to put forward their position as to whether they agree for the Non-Molestation Order to stay in force or not and whether they wish to challenge it.

In the event the other party does breach a Non-Molestation Order you must telephone the police immediately and that party shall be bought before the Criminal Courts for breaching the Order made.

Occupation Orders

If you have been a victim of domestic violence you can ask the Court to make a Order that you occupy the family home to the exclusion of the other party. You must have very strong grounds to satisfy the Courts to make such an Order.

Costs

You can speak to Rafiq & Co Solicitors Limited in respect their fees in respect of their advice and representation. Generally, where matters are straightforward for example where proceedings are not challenged, then fees shall be minimal and generally a fixed fee can be agreed.

However, where for example proceedings are challenged then fees can be more expensive.

There is currently no Court fee for filing a application for a Non Molestation Order.

Call Rafiq & Co Solicitors Limited on (01274) 525710 with your enquiry and/or to book your free initial 30 minute consultation.

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