Your personal safety may require action immediately. Hostility can sometimes worsen following the breakdown of a relationship or marriage. If you are a victim of domestic abuse from your spouse, or partner, then you can apply to the family court for a civil injunction under The Family Law Act 1996. There are 2 types of orders the court can make:
- An occupation order sets out who has the right to stay, return or be excluded from the family home. This does not affect the ownership of the property. The court specifies a time period for the order to remain in place. It is usually intended to be a short-term measure. The court will take various factors into account when deciding whether to make an occupation order. These include, but are not limited to:
- the housing needs and housing resources of each of the parties and any relevant chld;
- the parties’ respective financial situations;
- the likely effect of either making or not making an order on the health, safety and wellbeing of the parties or any child;
- and the conduct of the parties.
- A non-molestation order is designed to protect a victim of abuse by prohibiting the abuser from threatening or intimidating the victim either through physical violence, emotionally or financially. The term “molestation” can include violence, harassment, emotional and financial abuse. A breach of a non-molestation order is considered a criminal offence.
It is important to obtain the right advice and help if you feel you or your children are at risk of harm. If you would like more information about your legal rights, please contact me on 01732 446430 or click here to fill out the contact form and I will be in touch shortly.
The call is confidential and there is no obligation on you to take the matter further.