At a recent conference I spoke on a panel regarding domestic abuse and article 8 rights. Within this short blog, I have set out below some information about the protective injunction and relief available for victims of domestic abuse in England and Wales.
Within Family Law the definition of domestic abuse is comparatively wide and includes financial abuse, verbal abuse and coercive and controlling behaviour, in addition to physical abuse.
When considering the type of relationship that someone needs to be in to qualify for protection from domestic abuse, the parameters are wide ranging. It is possible to apply for a domestic abuse injunction – namely a Non-Molestation Order or Occupation Order, if you are an “associated person”. This includes the following:
- You have been married to each other or are civil partners.
- You are cohabitants or former cohabitants.
- You live or have lived in the same household (except where you are employees, tenants, lodgers or borders).
- You are relatives (including in-laws and relatives of half-blood).
- There is an agreement to marry or form a civil partnership with each other, even if such an agreement was subsequently terminated.
- You have a child together or you share parental responsibility for a child together.
- You are parties to the same family Court proceedings.
- You have had an intimate relationship with each other for a significant duration.
If you are associated persons and being subjected to domestic abuse it is possible to apply for either a Non-Molestation Order or an Occupation Order.
These Orders can prevent harassment. They can prevent a perpetrator coming to your home or your place of work. They can also prevent a perpetrator coming to the school of any relevant child. They can prevent harassment via a third party. In the case of an Occupation Order, this can require a perpetrator of domestic abuse to move out of the family home.
A Non-Molestation Order has a power of arrest attached to it, which means that a breach can constitute a criminal offence and the perpetrator may be arrested by the police.
These injunctions can be made for up to 12 months, but are capable of being renewed if protection is needed for a longer period.
It is possible to apply for an injunction without first giving notice to the perpetrator / respondent in some circumstances.
If you are in a situation where you are experiencing domestic abuse and require legal advice please contact Rayden Solicitors.
