Domestic abuse is not limited to physical violence. It can take many forms, including threats, harassment, intimidation and controlling behaviour. It can also involve psychological, sexual, financial or emotional abuse.
If you are experiencing domestic abuse, there are legal options available to help protect you and your family.
Under the Family Homes and Domestic Violence (Northern Ireland) Order 1998, the Court can make Orders to provide protection.
The two main types of Orders are a Non-Molestation Order and an Occupation Order.
What is a Non-Molestation Order?
A Non-Molestation Order is designed to protect a person from abusive or threatening behaviour.
The Order can prevent someone from:
- Using or threatening violence;
- Harassing, pestering or intimidating you;
- Contacting you directly or indirectly; or
- Coming to or approaching certain places
The terms of the Order will depend on the individual circumstances of the case and the protection required.
What is an Occupation Order?
An Occupation Order deals with the home.
It can regulate who is allowed to live in the property and, in certain circumstances, can require someone to leave the property or prevent them from returning.
The Court can also make provisions restricting a person from entering a particular area around the property.
This can be particularly important where there are concerns about your safety but you and the other person are still living in the same home.
Can an application be made urgently?
Yes.
If there has been a recent incident or there is an immediate concern for your safety, it may be possible to make an emergency application to the Court.
In emergency circumstances, an application can be made without giving the other person notice in advance. This means that the other person is not aware of the application and is not present when the Court first considers the case. If the Court is satisfied that an Order is necessary it can make a short-term Order to provide immediate protection.
The other person will then be served with the Order and given an opportunity to attend Court and respond to the application.
What happens if an Order is made and it is breached?
These Orders are legally binding.
A breach of a Non-Molestation Order is a criminal offence. The police have powers to investigate an alleged breach and, where appropriate, arrest the person involved.
How can MSM Law help?
Dealing with domestic abuse can be frightening and overwhelming.
You may be unsure about your rights, what protection is available or what will happen if you make an application to the Court.
At MSM Law, our Family Law team can provide clear and practical support.
We can advise you on whether a Non-Molestation Order or Occupation Order may be appropriate and, where necessary, assist with urgent applications to the Court.
We understand that these situations are often stressful and sensitive. Our job is to explain your options, guide you through the process and help you take the next step
If you need advice about a Non-Molestation Order, Occupation Order or any other family law matter, contact MSM Law to speak with a member of our Family Law team.
No drama. Just clear legal advice.
By Emma Stratton, Head of MSM Family Law