This Guide deals with the remedies available under the civil and criminal law for domestic violence.
The Family Court is able to offer protection from domestic violence. Where there is abuse and intimidation which is repeated or habitual and intended to control a partner within an intimate or family relationship, help is available. The abuse can be physical, emotional, psychological, financial or sexual. Anyone forced to alter their behaviour because they are frightened of their partner’s reaction is being abused and can obtain protection.
The protection available will include domestic violence protection notices and orders or non-molestation injunctions from the family court. An occupation order can also be made, where it appears that a violent or abusive partner should be excluded from the home.
This law guide explains the procedure and who may apply to a court for protection from domestic violence. As with other law guides, additional help is available if required.
The forms for making an application for an order are provided together with an example of the supporting evidence required.
What is Domestic Violence
Domestic violence is violence towards a person by another person with whom that person is, or has been, in a domestic relationship.
It can include:-
• Physical abuse such as slapping pushing and any physical sought
• Sexual abuse
• Psychological abuse
• Threats of the above
• Damage to property if it makes you fear for your safety
Allowing a child to witness any of these things can amount to child abuse.
Help available for victims of Domestic Violence
Who can apply for a Non-Molestation Order?
Who can apply for an Occupation Order?
What the Court will consider
Section 33 applications for couples each with a legal right of occupation.
Section 36 applications where the applicant does not have a legal right of occupation.
An Order under section 35 or 36 of the Act may:
Section 38 applications where neither party has a right of occupation.
Under section 37 or 38 of the Act may:
Making the Application
Powers of arrest
Example Statement in support