Abuse in Relationships

What is Domestic Abuse?

Domestic abuse is not limited to physical violence and threats. Anyone can be victim of domestic abuse regardless of who you are.

Behaviour is abusive if it consists of any of the following:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse. Further defined as behaviour that has a substantial adverse effect on a person’s ability to acquire, use or maintain money or other property or obtain goods and services
• Psychological, emotional or other abuse

If you are a victim of domestic abuse it is possible to apply to court for injunctions to protect you. The two injunctive orders that can be applied for in the family court are an Occupation Order and/or a Non Molestation Order. We will always ensure that your safety and your children’s safety is our priority.

Occupation Order

This is an appropriate injunction to seek if you require an order excluding your partner or spouse from the family home. The court has the power to decide who should live in all or part of a family home and can exclude someone from an area around the home. When in force, an order can also deal with practical matters of occupation, including who bears responsibility for payment of the rent or mortgage on the property. In order to apply you must be an ‘associated’ person (we will check that you are and explain to you what this means for you).

The court exercises its discretion in these applications and must have regard to the balance of harm test and the core criteria test. The court must make an order if it appears that you or any relevant child is likely to suffer significant harm attributable to the conduct of the respondent if an order is not made.

What will the court consider?

Under the core criteria test the Court has to consider all the circumstances including, but not limited to:

• The housing needs and housing resources of each of the parties and your children.
• The financial resources of each of the parties.
• The likely effect of any order, or of any decision by the court not to exercise its powers to make an order on the health, safety or well-being of the parties and your children.
• The conduct of the parties in relation to each other and otherwise.

A power of arrest can be attached to an Occupation Order.

Non Molestation Order

If you and/or your children are at risk of harm we can support you and help you with what is needed to make an application for a Non-Molestation Order at the court.

A Non-Molestation Order can protect you and/or your children from violence, harassment and threats and it can be used to stop a wide range of behaviours. The court also has the power to grant an order which includes exclusion zones.

What will the court consider?

In deciding whether to grant a Non-Molestation order and on what terms, the Court will consider all the circumstances, including the need to secure the health (physical or mental), safety and well-being of you and your children.

Breach of a Non-Molestation order is an arrestable criminal offence.

Our lawyers have extensive experience in assisting clients with these complex and emotionally difficult areas.