Where domestic violence is alleged each case is decided on evidence presented to the Court. Domestic abuse may be a single act or a number of acts forming a pattern of behaviour. A client's safety is paramount and we will give them the options available to ensure their safety, but it will be the client's decision about what course of action they wish to take.
In some cases it is appropriate to send a letter to the perpetrator, recording the incident(s) and demanding a stop to the abuse. The perpetrator should also be informed about what further action may be taken if the behaviour does not stop. In other cases, the client may apply for legal protection from the perpetrator by way of an injunction.
Initially, we can discuss a "safety plan" with you in cases of an emergency should you not wish to take any formal action.
If a child has been the victim of abuse, then the Court can make an order protecting the child as well as yourself.
What types of protective orders are available?
- Non-molestation orders to prevent the perpetrator from using or threatening violence, harassing, intimidating, pestering or causing any other person to do the same. A breach of this order is in itself a criminal offence.
- Occupation order to prevent the perpetrator from coming to a particular address or within a certain area around the address.
- Power of arrest attached to the occupation order. This effectively gives the Police the authority to arrest someone who breaches an occupation order.
- An undertaking which is a promise to the Court which if breached can be treated as contempt of Court, punishable by a term of imprisonment.
I need to know more
If you would like to know more contact us.
