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Domestic Abuse and Injunctions

What is domestic abuse?

The term ‘domestic abuse’ covers cases involving personal violence, threats, intimidation and harassment. It can mean emotional, sexual, financial or psychological abuse and is not limited to physical violence. There are a number of civil remedies in relation to domestic violence available.

Family Law Act 1996

A person may apply to the Court for an order where they are a victim of domestic abuse. There are two types of order.

Occupation Orders: Occupation orders are designed to regulate the occupation of a family home and allow a person to apply to a Court for an order to enforce their entitlement to remain in occupation of the home, make the respondent leave the home, or otherwise regulate the occupation by both parties. It can go as far as to prohibit the respondent from coming within a certain distance of the victim’s home.

Non Molestation Orders: Non-molestation orders are designed to afford personal protection to the victims or potential victims of violence and forbids someone using or threatening violence against the applicant, and/or harassing, pestering or intimidating them. It can go as far as to prohibit any contact to the victim.

The breach of a Non-molestation order is a criminal offence which can be punishable by imprisonment.

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 provides remedies which, to some extent, overlap those provided by the Family Law Act 1996. However the Protection from Harassment Act is intended to operate in all contexts, and goes beyond harassment in the context of the family or family relationships.

Under the Protection from Harassment Act 1997 there is no necessity to prove that the applicant and respondent are associated persons. The Protection from Harassment Act 1997 combines both civil and criminal remedies. Section 1 of Protection from Harassment Act 1997 provides that a person must not pursue a course of conduct which:-

(a) Amounts to harassment of another and
(b) He/she knows, or ought to know amounts to harassment of the other.

The Housing Act 1996

If a victim of domestic violence is in such fear that she does not want to return home, they may be able to stay in a women’s refuge or in temporary local authority housing. Local authorities are under certain duties to provide help to people who are homeless.

You should be aware that Court action is not the only possible remedy and may not be the most appropriate one. For example, a solicitor’s letter warning the perpetrator that unless he/she puts an end to his/her behaviour, he/she will face Court action, may act as a sufficient deterrent.

To contact a Domestic Abuse specialist, call any one of our offices between the hours of 8.45am and 5.15pm, or use our quick contact form below and we will call you back.
If it is outside of office hours, you can contact our specialists via the office mobile numbers below:

Alison Stace - Director and Chartered Legal Executive - 0775124318
Grisial Llewelyn - Director and Solicitor - 07715654228

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The professional rules relating to solicitors' firms, including the Code of Conduct can be accessed on the website of the Solicitors Regulation Authority at www.sra.org.uk

Allington Hughes Law is a trading name of Allington Hughes Limited. Registered office is 10 Grosvenor Road, Wrexham LL11 1SD

Registered in England and Wales. Company registration number 07831162.

Authorised and regulated by the Solicitors Regulation Authority number 597867

V.A.T. registration number 166 8213 93