If you feel vulnerable and unsafe in your own home due to domestic violence, the law is on your side. You can get different kinds of injunction imposed on your abuser by the court to help protect you.
One of the most common kinds of injunctions to be applied is a non-molestation order and the other is an occupation order. These protective functions are contained within the Family Law Act (1996). In both cases the orders are likely to be applied for by either a cohabitant or a spouse but they can be made by any ‘associated person’. The term ‘associated person’ is clearly outlined in the Act as: cohabitants or former cohabitants, spouses (married or civil partners), have been in a long term relationship, are relatives, are parents or are party to the same family proceedings. Therefore, the likelihood is you will be able to be protected by the law under one of these categories. If you do not fit into one of these categories and are unsure as to whether you can get help you should speak to a solicitor who specialises in family law today.
Non-molestation order: This court injunction is intended to prevent your partner using violence against you – this is both actual violence and threatened violence. The court injunction also protects you from harassment. ‘Molestation’ is a vague and undefined term so as to give the individual taking out the injunction the best protection possible so the abuser cannot exploit any loopholes in the law. The order will protect both you and your children.
Occupation order: This prevents your abuser from living in the family home, entering the home, or being in a specified area around the home. This kind of order can be perfect for you if you do not want your partner to be allowed back into your home, and if you left the home due to violence but wish to return knowing you’ll be safe.
It is highly advised to get legal advice when applying for one of these orders. You should contact a solicitor who has experience in dealing with domestic abuse issues as they will be able to give you the most sensitive and accurate advice as to how to handle your situation from a legal perspective.
If you feel under direct threat you should contact the police. People who are experiencing domestic abuse can be in an extremely vulnerable and dangerous position. Understandably it can be extremely hard to make the move to get help due to the fear you are feeling, however there is help out there and the authorities will always be in your side.
For a free initial consultation call Roskell Davies family law team today and talk to one of our specialist solicitors. Call 0800 142 2901 or fill in an online enquiry.