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Domestic abuse and harassment, can happen in any form of relationship, during the relationship or after it has ended. It can also happen amongst family members, between parents and children or siblings. It can take many forms including, physical, sexual or emotional abuse, harassment, coercive controlling behaviour, forced marriage (adult children included) or forcing a child to witness abuse.

 

Coercive controlling behaviour covers patterns of behaviour where one party dominates the other, for example refusing to let them socialise with others, or controlling their money. This conduct falls short of physical violence but impacts adversely on the other party’s life and attracts a maximum of 5 years’ imprisonment.

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Harassment covers a range of unwanted behaviour and can include being followed, someone waiting outside your work or calling at your home unexpectedly. It can involve being shouted and/or sworn at or someone damaging your property.

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Professionals agree that there are many reasons why a person stays in an abusive relationship. It could be fear of leaving, financial dependence, lack of alternative accommodation or perhaps bad timing in their child’s education. The victim may have been made to feel sorry for the abuser or that they are to blame. After an apology, it may seem worth another try. If you have been subjected to domestic abuse, you may have experienced some or all of these feelings. Survivors of domestic abuse, particularly those who have suffered over a long period, will have difficult decisions to make and delay in dealing with the situation is understandable. In reality, domestic abuse tends to increase in severity over time. If you are reading this because you are experiencing domestic abuse, your first priority must be for you and your children to stay safe. Do contact one of the support agencies. Your second priority should be to obtain urgent legal advice about your options.

Making Your Application Safely

Family court judges are most experienced and are well aware that you may not feel safe if you have to alert your abuser, in advance of your intention to apply for a court order to protect you. You can make your first court application without the abuser knowing about it. This is known as a ‘without notice’ application, which does have some eligibility criteria. Contact us for more information. 

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Whilst it is exceptional for a without notice application to be granted for an occupation order, a without notice non-molestation order can be made if a good case is put before the court to support the application. If the without notice application is granted, the court will arrange for the case to return quickly, when both parties can be present. This hearing provides the respondent with an opportunity to give their account. If you are frightened to go to court for the second hearing, arrangements can be made for your protection, such as arriving at a separate court entrance and being taken to a private waiting room away from the general waiting area.


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Non-Molestation Orders

A non-molestation order is a court order covering a broad range of conduct, such as assaults, threats, constant calling or messaging, or stalking (for example, following or waiting for the other party). The abuser must have had some ‘connection’ with you, for example, you are/were married, you live/lived together or you have a child together. For non-molestation orders, the list of circumstances that the court considers as a ‘connection’ is extensive. If the court order is granted, the abuser will be personally served with the order. The order may say that they cannot go within a mile of a particular place. It will show the date of expiry and when the matter should be returned to court. At the second hearing, the court will hear from both parties and can make a further order, if appropriate. Any breach of a non-molestation order can result in the abuser’s arrest and a subsequent hearing before the criminal court. The offence of breaching a non-molestation order may result in a maximum of 5 years' imprisonment, a fine, or both. In the magistrates’ court, the statutory maximum applies.

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Occupation Orders

An occupation order is a court order setting out who has the right to stay, return or be excluded from the family home or specified parts of the family home. An occupation order can be made, even when the excluded party is the home owner or the tenancy is in their sole name. It is a short-term order (initially up to 6 months, but this may be extended), allowing for breathing space, to deal with immediate practical issues such as housing, approaching relevant support services and obtaining advice in respect of welfare benefits, debts and immigration.