Bond Adams provides legal advice to victims of domestic abuse to help them find the right method of protection for themselves and their children whilst providing the guidance to move forward following the breakdown of a relationship.
The term ‘domestic abuse’ includes emotional, psychological, physical, financial and sexual abuse of an intimate partner, child, former partner, family member or associated person.
Our experienced team of family and divorce lawyers will help and advise you in complete confidence, with compassion and respect, supporting you through all the relevant procedures quickly and efficiently.
How the law can protect victims of domestic violence?
If domestic violence has occurred, you can apply to the court for an injunction to protect you and your children. The most common type of mandatory injunction in domestic violence and abuse cases is a Non-Molestation Order and/or an Occupation Order.
A Non-Molestation Order is designed to protect you from actual or threatened physical violence from your abuser. Your abuser will also be banned from stalking or pestering you. The protection offered by a Non-Molestation Order against domestic violence can be extended to your children.
An Occupation Order may give you the right to occupy the property you shared with your abuser and restrict or prevent your abuser from entering the home.
To apply for a Non-Molestation Order or an Occupation Order, you must be an “associated person.”
This means you and your partner or ex-partner must be related or associated with each other in one of the following ways:
- are or were ever married or engaged to be married
- are or were ever in a civil partnership or had agreed to form a civil partnership
- are or were living together (this includes same-sex and opposite-sex couples)
- live or have lived in the same household, for example as a flat share (but not as a tenant, border, lodger or employee)
- are relatives, including parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
- have a child together
- have or had parental responsibility for the same child
- are parties to the same family proceedings for the same child
- are or were in an intimate personal relationship of significant duration.
To apply for an Occupation Order, you must have a legal right to live in the home.
Applications for Occupation Orders and Non-Molestation Orders can be made either with or without the respondent’s knowledge (known as ex-parte or on notice). If you are in immediate danger, an application made ex-parte can provide protection more quickly than if the application were made on notice. If an ex-parte application order is granted, it will only take effect after the respondent receives it. This is to ensure that they do not unknowingly breach a court order. A court hearing date with both parties’ present will be set. This is known as a return date, and it is to allow the respondent to raise a defence against the order being made.