Domestic Violence Guide From Family Expert

Sadly, Domestic Violence is a common occurrence in relationships. Statistics state that in any on year there are 13 million separate incidents of physical violence or threats of violence against women from partners or former partners (Walby and Allen 2004). Domestic Violence can be perpetrated by women against men but women are much more likely to be the victims of domestic abuse.

The Police and Criminal Offences

There are numerous support groups that can assist women who are subject to and in fear of Domestic Violence and of course the police can assist where a criminal offence such as harassment or an assault has occurred. If there is an immediate concern or threat for your safety then the police should always be contacted to offer immediate protection.

Civil Injunctions

Where the police cannot offer long term protection it may be necessary in certain circumstances to obtain an injunction or protection order. A solicitor will make this application on your behalf to either to the family proceedings court or the county court and advise you on the types of orders that are available and what type of protection they afford.

Non Molestation Order

A non Molestation order is a type of injunction that prohibits threats or the use of violence and can provide exclusion areas to protect the victim or any children of the family from an ex partner. It can also prohibit the ex partner encouraging other people to use or threaten violence against their ex partner or spouse.

Applications for injunctions are made under Part IV of the Family Law Act 1996. Recent legislation — the Domestic Violence, Crime and Victims Act, 2004 — aims to strengthen the enforcement of civil injunctions, by making breach of a non molestation order a criminal offence and if the Courts decide a criminal offence has been committed it is punishable by up to 5 years imprisonment.

Occupation Orders

In certain circumstance it may be necessary to obtain an order from the court temporarily extinguishing a partner rights to reside in the family home or to come within a certain distance of it. The Court will look at potential harm that may be caused if such an order is not granted. The Court will need good reasons to exclude someone from their home and your solicitor will advise you on whether or not you can obtain such an Order. You can ask the court to attach a power of arrest to an occupation order so that if your ex partner or spouse ignores the terms of the Order and attends the property they can be arrested for breach of the order.