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Domestic Abuse

Sometimes, an individual may experience violence and/or harassment in their personal relationships which require legal intervention. 

A person can apply for an injunction against:-

  1. someone who they are or have been married to;
  2. a co-habitant or former co-habitant;
  3. those living in or who have lived in the same household* (other than as the other person's employee, tenant, lodger or boarder);
  4. the parent of their child;
  5. someone they are or who have been engaged to.

* Please note that this point also applies to same sex couples.

There are two types of injunction:-

  1. a non-molestation order which prohibits someone from using violence against another person, threatening them with violence or harassing, pestering or molesting them;
  2. an occupation order which excludes one party from occupying the home or coming within a stated radius of it.
  3. The Court may attach a power of arrest to an order so that if it is breached the police can arrest the other party. The court will taken into consideration a number of factors in deciding whether to exercise its powers to make a non-molestation order, such as the need to secure the health, safety and wellbeing of the applicant or any relevant children.

Please contact us should you require any further information.

 

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