Domestic Violence

Search Site

Services Available breadcrumbs

Family Issues breadcrumbs

Domestic Violence

Where there is violence or harassment a person can apply for an injunction against:

someone they are or have been married to
a cohabitant or former cohabitant
those living in or who have lived in the same household (other than as the other person's employee, tenant, lodger or boarder)
the parent of their child
someone they are or have been engaged to.

There are two types of injunction:

a non molestation injunction, which prohibits someone from using violence against another person, threatening them with violence or harassing, pestering or molesting them
an occupation order which excludes one party from occupying a home or from coming within a stated radius of it.

The court may attach a power of arrest to an order so that if it is breached the police can arrest the other party.

An application is made on a prescribed form supported by a sworn statement setting out the background. In urgent cases the application may be heard without the other party receiving notice. If this is the case the court will usually make a short term order to secure the position and list the matter for a further hearing which both parties are required to attend. The matter can be resolved by a court order or by the respondent (the person being complained of) giving an undertaking, i.e. a solemn promise to the court.

In all cases, when deciding whether to make an occupation order, the court must have regard to all the circumstances of the case. These may include:

the housing needs and resources of the parties and any relevant children
the financial resources of the parties
the likely effect of an order or decision not to make an order on the health, safety or wellbeing of the parties and any other relevant children
the conduct of the parties in relation to each other and otherwise.

For each sub-category of applicants and respondents listed above there are then other factors which the court must additionally take into account. It must apply a 'balance of harm' test, the basis of which differs slightly between the various categories.

The court may also, on or after making an occupation order, impose obligations on either party regarding the repair and maintenance of the property and payment of rent, mortgage or other outgoings.

In deciding whether to exercise its powers to make a non molestation order the court must have regard to all the circumstances including the need to secure the health, safety and wellbeing of the applicant or any relevant children.

Frequently Asked Questions about Domestic Violence

How long do injunction orders last?

A non molestation order may be made for a specified period or until a further order.

The maximum duration of an occupation order differs depending on the criteria of the parties i.e. spouses/former spouses, cohabitants/former cohabitants, relatives, etc. For example orders made in favour of a former spouse with no existing rights to occupy can only be made for a maximum period of six months although they can be extended on one or more occasions for a further specified period, not exceeding six months.

How are breaches of an order dealt with?

If a power of arrest is attached the police may arrest without warrant a person whom they have reasonable cause to suspect is in breach of the order and must then bring that person before the court within 24 hours. If the matter is not resolved then, the court can remand the person in custody.

In addition a breach of the order amounts to contempt of court and the applicant can apply for an order for the respondent to show good cause why he should not go to prison for the alleged breach.

If you would like to discuss how we might help you, please: