Legal Eagle: Legal protection for victims of domestic abuse
I am a victim of domestic abuse. Are there any protections that can be put in place that can help protect me from further incidents?
While many people associate domestic abuse with physical violence, the legal definition is much wider and can include controlling or coercive behaviour, emotional abuse, financial control, harassment, intimidation and threats.
If you are experiencing domestic abuse, it is important to know what legal protection is available.
One form of protection is a Non-Molestation Order (NMO). This is an order the court put in place where there is a genuine risk of harm. Non-Molestation Orders can only be made against an ‘Associated Person’. This can include current partners, ex-partners, former cohabitants, and relatives.
A NMO is an urgent order to be used in emergency circumstances, usually for the court to consider that an order is necessary, there would have been a recent incident within the past month to demonstrate that there is an active risk of harm. An application for a NMO can be made with or without notice to the other party.
In some situations, an Occupation Order may also be appropriate. This order regulates who lives in the family home, and in some circumstances, may require an abusive person to leave the property even where they have a legal interest in it.
In some instances, there may not be merit for an urgent application to the court. This may be because there is a lower risk of harm, or some time has passed since the last incident. A more appropriate step may be an advice appointment where alternative options can be considered.
It may be appropriate to consider a warning letter to be sent to the other party. Warning letters may be effective in some circumstances, however, may be counterproductive in others, appropriateness is to be assessed on a case-by-case basis. If there has been a period of no contact, a warning letter may cause the other party to begin contact again.
If a warning letter is deemed suitable, should this letter be ignored by the other party and abusive behaviour continue, there may then be better grounds for a court application.
If the above situation sounds similar to yours or you have another family matter you would like advice on, please do not hesitate to get in touch on 0191 275 2626 or via email at [email protected].