Domestic Violence

The term domestic abuse covers cases involving personal violence, threats, intimidation and harassment. We exercise particular sensitivity in these cases, as we understand a victim of domestic abuse is likely to be very distressed and may be reluctant to talk about the abuse.

The types of orders that are relevant fall into two main categories:

  • ‘Non-molestation orders’, for your protection;
  • ‘Occupation orders’ which exclude the other party from occupation of the home. They can extend to excluding that party from a specified area around the home if necessary.

Who can apply?

Associated persons can apply, namely:

  • You are or have been married or you are or have been civil partners of each other;
  • You are cohabitants or former cohabitants (i.e. you are or have been living together as husband and wife);
  • You live or have lived in the same household, otherwise than by reason of one of you being the other’s employee, tenant, lodger or boarder;
  • You are relatives (this term includes immediate relations and other close relations such as grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, step-parents and step-children);
  • You have agreed to marry one another (whether or not that agreement has been terminated, if it has been terminated, the application needs to be made within three years of the termination date) or since 1 July 2007 you have or have had an intimate personal relationship with the other party which was of significant duration;
  • In relation to a child, you are both parents or have or have had parental responsibility;
  • In relation to a child, one of you is a parent and the other has parental responsibility;
  • In relation to a child, one of you is a parent/grandparent and the other party is an adoptive parent;
  • You are parties to the same family proceedings.

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