Family – Domestic Abuse

There is no standard legal definition of domestic violence and different definitions of domestic violence and domestic abuse are used. The government definition of domestic violence and abuse was introduced on 31st March 2013 and defines domestic violence as: “any incident or pattern of incidents of controlling, coercive, 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. The abuse can include, but is not limited to: Psychological Physical Sexual Financial Emotional

If you have one of the following family relationships, we can assist you with applying for protective orders (Non-Molestation and Occupation Orders) sometimes on an emergency basis in order to ensure that you and your family are safe. You can apply for protective orders if you are a victim of abuse and:

• are or have been married, civil partners or lived together
• have agreed to marry or enter into a civil partnership
• have a child together
• have been in an intimate personal relationship for a significant time
• have lived in the same household
• are relatives

Non-Molestation Order

A non-molestation order is an order made by the Court prohiting a person from molesting the other person or a child. “Molestation” includes lots of different kinds of behaviour from physical violence and threatening behaviour to harassment and intimidation. The Court will consider all of the circumstances including the need to secure the health, safety and well-being of you and your children. If a non-molestation order is made and your partner breaches the order they can be arrested by the police. A breach of a non-molestation order is a criminal offence punishable by a fine and/or up to 5 years in prison.

Occupation Order

An occupation order is an order which regulates how the family home is occupied. An occupation order can be tailored to your needs and can require your partner to let you enter and live in a property; exclude your partner from the property or an area around your property. There are a number of different ways in which people can make an application for an occupation order and we can give you advice tailored to your individual circumstances. If you live in a rented property we can help you to secure the tenancy and ensure that your partner cannot end the tenancy without you knowing or to transfer a joint tenancy into your sole name in some circumstances. Public funding (legal aid) is not available to defend the non-molestation, occupation or transfer of tenancy orders unless the person who wishes to defend the orders has proof that they were victims of domestic abuse.

Important information

Mediation

Since April 2013, it has become a requirement for people involved in a family/childcare dispute to attend a Mediation Information and Assessment Meeting before they can issue Court proceedings although there are some exceptions such as if one of the parties has suffered domestic abuse from the other within the preceding two years. Mediation is an informal and flexible dispute resolution process by an impartial mediator, to try and resolve family disputes on separation or divorce, such as arrangements for the children or sorting out the finances. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other’s position and move closer to resolution.

We are able to refer you to specially trained mediators who may be able to help you facilitate and assist you with trying to resolve issues that arise in the break-up of your relationship.