Domestic Violence

The law now allows associated people, which extends to not only married couples, but cohabitees and family members, to apply for a non-molestation and/or occupation order.

A non-molestation order prevents you from being pestered, harassed or molested, subject to physical or sexual abuse itself. An occupation order restricts ones right to occupy a property and can provide for payment of mortgage/rent and utility bills in the interim.

The Procedure
1. In a number of cases the need for an injunction may be urgent in which case we can approach the Court on an emergency basis with an application, together with a sworn statement prepared on behalf of the client and one appears without giving notice to the perpetrator of the abuse.

2. Thereafter, however, if an Order is made, the matter is likely to come before the Court within the next few days, whereupon notice will be given to the perpetrator and they will be able to respond to the allegations that have been made.

If a matter is not deemed an emergency by the Court, it can be listed as soon as possible and the perpetrator will be given notice of the proceedings and will then be able to attend and defend their position.

Some such proceedings are settled by means of "undertakings" which mean that individuals "promise" to the Court not to carry out actions that have been alleged of them. One does not make any admissions and there is no trial seeking to prove any of the allegations.

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