Are you suffering from Domestic Abuse?

Remedies Available

If you are suffering from Domestic Abuse you may be able to apply for an injunction under the Family Law Act 1996 Part 4.

Under the Family Law Act 1996, there are a wide range of Applicants who may apply for an Order. This range of Applicants is even wider since the implementation of the Domestic Violence, Crime and Victims Act 2004.

If you are “associated“ with the person you wish to apply for an Order against you can apply for an injunction.

The list of associated persons in the Act provides scope for various categories of persons to apply for an Order. Some of the categories included under associated persons are: -

• Married Couples
• Parties who have been married to each other
• Cohabitants
• Former cohabitants
• Parties that live in the same household
• Parties who have lived in the same household
• Relatives
• Parties who have agreed to marry
• Parents of the same child
• Parties that have or have had Parental Responsibility for the same child
• Same sex couples
• Non cohabiting couples
• Heterosexual couples

There are two limbs to an Injunction; An Occupation Order and a Non Molestation Order. When applying for an Injunction it may be necessary to apply for both an Occupation Order and a Non Molestation Order, or just one of the two.

Non Molestation Order

If a Non Molestation Order is granted this protects the victim of Domestic Abuse from further violence, harassment or pestering. A relevant child can also be protected by a Non Molestation Order if necessary.

Occupation Order

An Occupation Order, if granted, orders a perpetrator of violence to leave the family home, or if the perpetrator has already left orders that the perpetrator must not return to the family home.

If you have concerns about seeing the perpetrator at Court it is possible to apply for the above Orders at the first Court appointment on an Ex-Parte basis, if the Court consider it to be just and convenient to do so.

“Ex Parte” means the perpetrator would not have notice of the first Court appointment and therefore would not be in attendance

Duration of Order

Orders are usually granted for 3 to 6 months. However, in certain cases it is possible to obtain an Order for a longer period of time.

Application for an Injunction

Your Solicitor will first assess whether you are eligible for Public Funding. It is important to seek advice as to whether you would be eligible for any funding to assist you with making your application.

If there are enough grounds to apply for the Injunction, the application is made to the Court.

Depending on the circumstances, the perpetrator may or may not be given notice of the first appointment.

Hopefully the case will be agreed but, if not, the matter will be listed for a contested hearing and the Judge will decide whether to grant the Order.

Your right to protection from the Police

If you suffer from Domestic Abuse you should contact the Police to report the abuse.

Financial Help

It is possible to make an application to Court for financial assistance with the household outgoings whilst the Court Order is in force.

Practical Issues

It is important to keep a diary of all harassment including dates and times if possible. It is also useful to record any mental/physical abuse to your GP or hospital if necessary. If you are suffering Domestic Abuse where possible photographic evidence should be obtained and the Police and the Domestic Violence Unit should be contacted.

Your right to a Divorce

If your marriage has broken down you can obtain a divorce on the grounds of either; -

• Unreasonable behaviour
• Adultery
• Two years separation with consent
• Five years separation
• Desertion

In order to issue divorce proceedings you have to be married for one year.

Financial Help

Having to deal with the financial implications of a marriage breakdown can be a daunting and stressful exercise.

For further advice regarding separation, divorce, financial help or remedies available to you if you are suffering Domestic Abuse, you can discuss your circumstances confidentially with Sarah Hinde at Gorvins Solicitors on 0161 930 5151 or on our free phone Domestic Abuse line on 0808 800 0606.

You can also get legal advice through Stockport Law Centre on 0161 476 6336 or by visiting their website on www.stockportlawcentre.org.uk

Have you ever been scared for your life? Domestic Violence claims the live of 150 people per year.