Domestic Violence

This is no longer an issue about which victims should feel ashamed; you can take steps to protect yourself. In recent years the media have made people aware that it does not have to be tolerated and that you can do something about it.

Inevitably taking action requires an application to the court. The most common orders sought are non-molestation and occupation orders both frequently referred to generally as an 'injunction'. You can make an application to the court against a partner, former partner if you have or are living with them or other family member for an order regulating their behaviour and/or occupation of your home, if necessary. There are certain criteria that will need to be satisfied before the court can grant an order but if you have suffered violence and/or abuse, those criteria are likely to be satisfied. If there are children in the household then their interests and susceptibility are also to be considered by the court. A power to arrest the perpetrator may also be considered necessary and appropriate depending on the circumstances of your case.

You may not be the victim of alleged abuse but the accused. You may need help in defending an application brought against you, which may not be entirely accurate or justified. That application could curtail your right to live in your home. The consequences of a successful application could be quite devastating for you. Help is available and you are advised to seek the assistance of a specialist in this area of law.