Domestic Violence and Emergency Injunctions

The term "Domestic Violence" is used to describe any form of physical abuse, sexual abuse or emotional abuse between people in a close relationship such as married couples, co-habitees or family members. It can include physical assault, sexual abuse, rape, threats and intimidation.

Domestic violence is not restricted to any social class or gender and is much more common than most people realize.

There is no need for victims of domestic violence to suffer as they have a number of legal remedies available to assist them:

Non-Molestation Orders

A victim of domestic violence may seek a court order to prevent someone from using or threatening violence against them or intimidating, harassing or pestering them. These orders (known as Non Molestation Orders) can specifically include protection for any children who might also be at risk. They may include what is known as a "Power of Arrest" which gives the victim extra protection in more serious cases.

Occupation Orders

An Occupation Order is often required in addition to a Non Molestation Order to prevent someone entering a home or even an area where the victim may live. These orders can often be applied for without the other person's knowledge in situations where the victim feels they would be at risk of further domestic violence as a direct result of taking positive action to stop it happening.

The Prevention from Harassment Act

Anyone experiencing harassment, distress or alarm may be able to seek an injunction under the Prevention from Harassment Act. Again, the order may also include a power of arrest attach and can be applied for without the other parson knowing.

It is important to ask for the help of the police in an emergency situation and to then get specialist legal advice as soon as possible after the incident has taken place.