Domestic violence continues to be a prevalent issue in today’s society, and is said to affect at least 1 in 3 women and 1 in 6 men in their lifetimes. It is also the single most quoted reason for homelessness, and has more repeat victims than any other crime with an average of 35 assaults before a victim calls the police.
For many people faced with the risk of violence, harassment or behaviours causing distress; one way to protect victims is through a non-molestation order (also known as an ‘injunction’). Due to the nature of these emergency situations these can be granted immediately.
A non-molestation order will restrain the alleged perpetrator (the respondent) from interfering with the applicant. It can be applied for when the applicant and respondent are “associated persons” – this includes those in an intimate relationship, close family members, those who have a child together, current or ex-partners. It is also possible to seek provision to protect a relevant child.
Another important solution is an occupation order which enforces the applicant’s right to enter and occupy the home and may also exclude the respondent from part or all of the home or from an area around it. Where the applicant is entitled to occupy the matrimonial home, either by virtue of being a co-owner or through matrimonial home rights, he/she may apply for an occupation order against an associated person. A former spouse with no existing right to occupy the former matrimonial home may still apply.
No one should have to endure violence and have their personal safety put at risk. At Jordans Solicitors we can help both men and women subject to violence. If you require advice or assistance in relation to any of these issues or other family law matters at Jordans Solicitors we have a dedicated family law team who can help. Please dial 01924 387 110 and ask to speak with a member of the family law team or visit our website and request a call back.