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Article - Are you a victim of Domestic Violence? (31/08/2007)
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Are you being abused or pestered or harassed by someone who is or has been close to you?
If so, there are now simple systems to help victims of domestic violence.
What Orders Can be obtained?
There are two principal orders that the Court can make:-
· Non Molestation Orders
· Occupation Orders
What do these Mean?
Non Molestation Order – Basically this prevents the person repeating the same violence, harassment or threats of violence.
An Occupation Order – This deals with the occupation of the home, i.e:
a. Excluding a violent spouse or other person altogether from the matrimonial home.
b. Ordering a violent spouse or other person to keep away from a specific area near the home.
c. Transferring a Tenancy into the victim’s sole name.
Who Can it Apply?
Most people will be able to apply for a remedy for domestic violence, including:-
· Spouses
· Ex Spouses
· Co-habitants
· Former Co-habitants
· Certain relatives
· Those who live or have lived in the same Household
· Those who have agreed to marry each other.
A child under the age of 18 can also apply, with the help of an adult e.g. to stop a bullying parent or a mother’s new boyfriend from molesting him/her.
What is the Procedure?
We will help you make your application, complete all the forms, go to Court with you and speak on your behalf.
In cases of real emergency an order may be made EX PARTE – without the other party being there?
What happens if the abuser ignores the Court Order?
To give as much protection as possible to victims, the Act provides for a POWER OF ARREST to be attached to Non Molestation and Occupation Orders if the abuser has used or threatened violence to the victim or a child. This helps the police in dealing with a ‘domestic’ situation. The local police are given copies of the documents and will arrest the abuser if the terms of the order are broken.
IN SERIOUS CASES THE JUDGE CAN SEND THE ABUSER TO PRISON
What will it Cost?
Legal Aid is generally available. In emergency cases it can be granted immediately. See Paul Finn about this. The Legal Aid Board have given us Devolved Powers to grant emergency Legal Aid in these cases.
Remember – You do not have to suffer as a victim of domestic violence. The law is there to protect you.
CONSULT PAUL FINN SOLICITORS IMMEDIATELY…
…we will offer you expert help and guidance.
Please telephone us on: 01288 356 256
for an appointment or call in and see us
Glossary
A Useful Guide to Words Found in Litigation
PETITIONER/APPLICANT – A person who brings the action in a Civil Court of Law.
DEFENDANT/RESPONDENT – A person against whom an action is brought in a Court of Law. The opposite party of the Petitioner/Applicant.
NON MOLESTATION ORDER – An order preventing a person from using or threatening violence, harassing or pestering another person.
OCCUPATION ORDER – An order made by the Court dealing with the occupation of the matrimonial home or other residence.
POWER OF ARREST – Enables the police to arrest anyone who has broken the terms of a Court Order.
SPOUSE – Your married partner.
CO-HABITANT – The person with whom you live as man and wife.
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