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Domestic Violence and Injunctions


There is no excuse for domestic violence or abuse of any sort in the civilised society that we live in. The Courts take such situations seriously and will not hesitate to grant the appropriate remedy to the Applicant.


There is no reason to suffer in silence. Domestic violence is now a criminal offence. Any form of domestic violence should first be reported to the Police.


If you or the children of the family have been subjected to, you or the children need immediate protection. This can be achieved by obtaining a non-molestation order. This is more commonly, but incorrectly, known as an "injunction".


Because you will need immediate protection, this is usually done without giving prior notice to the other party. You will have to provide a statement to the Court with details of the abuse, harassment threats or violence. The Court will not deal with this matter on paper without you having to give any oral evidence at this stage unless the Judge requires some clarification or further information.


The order has to be served to the other side personally. It is therefore important that you provide a photograph of that person or something with which to identify him. If the other party is not aware of the terms of the order, he will not be bound by it. If the person on whom the order is served breaches any of the provisions of the order, the Police have the power to arrest him immediately and prosecute him. Otherwise, the Court can commit him to prison for failing to obey the Court order.


It may also be possible to have the other party removed from the former matrimonial home. This is known as an Occupation Order. In most cases, an Application for this is made at the same time as for an injunction although it is usually only granted after the other side has had an opportunity to put forward his case. The Court can also attach a Power of Arrest to an Occupation Order. This means that if the person on whom the order is served breaches any of the provisions of the order, the Police can arrest him or her immediately.


What will it cost?


Please refer to the section headed “What will it cost” in the Family Divorce section, although certain amounts and capital are not taken into account for the financial test.


Please contact our Family Team

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