Domestic Abuse and Protective Injunctions

Domestic abuse can feature in relationships in a variety of ways, whether that be physical, emotional, financial or coercive and controlling behaviour.

Although domestic abuse is a criminal offence, there are also alternative routes to obtain protection. Within Family Law, these are called protective injunctions.

Protective injunctions include non-molestation orders; an order preventing someone taking a form of action, for example harassing or abusing, or occupation orders; an order preventing a person occupying a property.

These orders are not made lightly, but are often made in emergency circumstances whereby a persons welfare may be at risk.

In order to apply for a non-molestation order, you must be an ‘associated person’ which includes:

• Having been married or in a civil partnership
• Cohabitants or former cohabitants
• Living or have lived in the same household (except where this was as an employee, tenant, lodger, or border)
• Relatives
• Agreeing to marry or enter into a civil partnership. Or having had an intimate personal relationship which was of significant duration
• In relation to a child, parent, or those who have or have had parental responsibility
• Parties to the same Family Law Proceedings.

An Occupation Order can be applied for if:

• you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
• you do not own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)
• your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
• the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

If you are experiencing domestic abuse, it is crucial to seek support and advice as soon as possible. At Cullimore Dutton, our Family Team have a wealth of experience in making these applications and supporting those requiring them throughout the process. For guidance on your situation, please schedule an appointment with one of our team members who can help determine the best course of action for you.