At JPC, we understand that domestic abuse can have a devastating impact on individuals and families. It can take many forms such as physical, emotional, psychological, financial, or sexual and often happens behind closed doors, making it difficult for victims to seek help.
If you or someone you know is experiencing domestic violence, it’s important to know that the law offers protection and that there are legal remedies available that can provide safety and peace of mind.
What Is Domestic Violence?
Domestic violence is any incident or pattern of incidents of controlling, coercive, threatening, or abusive behaviour between individuals who are personally connected. This includes:
It can happen between partners, ex-partners, family members, or people living in the same household.
- Physical abuse
- Emotional and psychological manipulation
- Financial control
- Sexual abuse
- Coercive and controlling behaviour
What Legal Protections Are Available?
There are two main types of injunctions available under the Family Law Act 1996 that offer protection:
1. A Non-Molestation Order
This order prevents someone from harassing, threatening, using violence against you or your children, damaging or destroying property. It can include specific restrictions such as:
The order usually lasts anywhere between 6-12 months but can be extended by the Court depending on the circumstances.
- No direct or indirect contact
- Staying away from your home, workplace, or children’s school
A Breach of a Non-Molestation Order is a criminal offence and can result in immediate arrest, a fine and up to 5 years imprisonment.
2. An Occupation Order
An Occupation order determines who can live in the family home, It can:
The Court will consider several factors when deciding whether to grant this order, including the relevant evidence, the safety and wellbeing of those involved and if the intervention of court is needed.
- Remove the abuser from the property
- Prevent them from entering or coming near it
- Allow you and your children to remain in the home safely
Who Can Apply?
You may be eligible to apply for these orders if you are or were in a relationship with the abuser, or if you are related or connected in specific ways for example, cohabitants, spouses, civil partners, or parents of the same child.
There is not Court fee when applying for an injunctive order however, you will need to file a FL401 form and a witness statement at JPC we can help with preparing this on your behalf.
Support Is Available
Legal remedies are just one part of the support available. We can also signpost you to organisations that offer counselling and other practical assistance.
Speak to Someone Today
To discuss your situation in further detail and confidence please contact Monika Brar, Associate Solicitor at JPC on mbrar@jpclaw.co.uk or call on 020 7644 6305.
