Domestic abuse and protection in the Family Court
There are two types of injunction you can apply for in the Family Court to prohibit a related “associated” person (normally an ex-partner) from perpetrating abuse and/or violence against you. The power to make a non-molestation or occupation order comes from Part IV of the Family Law Act 1996 (FLA).
- A non-molestation order to prohibit someone being or threatening to be violent, abusive or to harass and intimidate you. Your current or ex- partner may follow, watch you or use technology or other people to threaten or scare you.
- An occupation order to exclude someone from your home.
It is important to know that domestic abuse does not just mean physical violence. The current UK government’s definition of domestic abuse is...“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to psychological, physical, sexual, financial and emotional.”
I understand you will be experiencing the impact of separation and the anxiety, stress and confusion this creates. I can help you gain confidence to understand, cope with and navigate the family court process. It is beneficial to your case if you feel more in control of your situation, know what to expect and feel confident of what you need in order to effectively address the difficult decisions you will have to make.
Non-Molestation order
I understand the fear, isolation, anxiety and worry of repercussions women who have and are experiencing domestic abuse face.
A Non-Molestation Order is a Family Law Act Application that an Individual can apply for to dissuade and prohibit a related person (normally an ex-partner) from harassing them and or using threatening behaviour towards them.
The types of behaviours that can cause fear, distress and anxiety can include unwanted telephone calls, voicemails, texts, emails and letters. You may have experienced physical assault or threats of violence either towards yourself or your children. Harassment can take the form of intimidation and undermining you through social media, along with hacking into your computer and other technology.
Other forms of threatening behaviour could include sending you unwanted gifts, walking or driving by your home, turning up unexpectedly at your workplace or college; using other people, including your children to contact you and sending messages, destroying property or breaking into the your home or car.
If you need to apply for a non-molestation order or would like support at any stage of the process please contact me for a free 20 minute consultation to discuss your individual circumstances and for me to consider if I am able to offer you support.
You may need help with:
- “With Notice” application to the court for a non-molestation order
- “Ex Parte” or urgent application without notice to the other party
- Breach of Non-molestation order
- Enforcement of the order
Occupation order
An occupation order is a 'protective order' which regulates who will live in the family home. Occupation orders can be used to exclude someone wholly from the family home, but they can also be used to:
- enforce the right to remain in occupation of the property
- require permission to enter and remain in the property
- regulate the occupation of the property
- prohibit, suspend or restrict the exercise of occupation in the property
- require the departure from the property
- or exclude from a defined area in which the property is located.
If you need to apply for an Occupation Order or respond to an application, then please contact me to discuss your situation, eligibility and to see if I can offer help.
As your Women’s McKenzie Friend I will bring knowledge, understanding and experience to help you evidence and manage your case. I will reassure and support you to develop skills and strategies at a time of anxiety to enable you to run your case in a clear, proportionate and balanced way.
Please could you email an outline of your current situation and requirements in the first instance, from which we can arrange a free 20 minute phone call or Skype discussion to understand your needs and requirements and for me to consider if I am able to offer you support.