Domestic abuse and injunctions

If you are experiencing any form of domestic violence you do not need to suffer in silence.

Domestic abuse can occur in many different forms, whether it be physical, emotional, mental, financial, or coercive. While it is completely understandable to be scared to take legal action, there are things you can do to prevent your abuser from making any contact with you or your children.

Our understanding and sympathetic lawyers can help you with two types of protective orders available, non-molestation orders and occupation orders. Both can help protect you if you or your children are experiencing abuse.

Non-molestation order

If you think you’re in immediate danger, your first point of contact should always be the police, but by applying for a non-molestation order you can ensure the safety of yourself and your children in the future.

A non-molestation order is made for the protection of a person, or child. They can be applied against:

• A spouse, or ex-spouse
• A civil partner, or previous civil partner
• A fiancé(e) or ex-fiancé(e)
• A family member
• Someone who you live with, or used to live with
• The father or mother of your children

This order will prohibit certain behaviour. Examples of this might include:

• They must not be violent, threaten violence, intimidate, harass or pester you
• They must not contact you by phone, email, social media or in person
• They must not visit or contact your place of work for any reason

Occupation order

An occupation order can help to determine who can remain living in a property or defines who can enter certain parts of the home if parties are unable to agree.

If you file an occupation order against someone, it can:

• Order them to move out of or to stay away from the home
• Order them to keep a certain distance away from the home
• Order them to stay in certain parts of the home at certain times, for example sleeping in a different bedroom
• Order them to let you back in the home if they have locked you out
• Order them to continue to pay the mortgage, rent or bills

This is often applied for by someone who has suffered domestic abuse and no longer wishes for the other party to live in the home. It is a form of protection but can only be made for up to six months.

The Court will only make an occupation order if it is necessary, as it prevents a person who is legally entitled to occupy a property from living in their home.

Getting help

At Myers & Co, we make the safety and wellbeing of you and your family our priority from the moment you pick up the phone. Our Family Law experts will provide sympathetic and practical advice.

If you feel like you are in an abusive relationship, call our team for a free and confidential chat, to help you understand how we can help. Speaking to someone is the first step to taking control of your situation.