Domestic Violence Injunctions
Domestic Violence Support & Advice
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If you have been the victim of domestic abuse, a Non-Molestation Order can help protect you and your children. To get a Court Order, you will need to make an application to the court.
To find out more about Domestic Violence Injunctions, or to start your Court Application, please do not hesitate to contact us at McGee O’Kane Solicitors on 028 71 229 343 or use our Free Enquiry Form.
Injunctions for Domestic Abuse
A Non-Molestation Order is an order made by the courts. It is often preventative, meaning they can stop a particular person from doing a particular thing, like coming to your house or contacting you.
With regard to domestic violence, there are two possible injunctions that you can get –
- A Non-Molestation Order
- An Occupation Order
Non-molestation orders prevent your abuser from being violent towards you, or from threatening violence. A non-molestation order can stop various actions or behaviours. For example, it might say that your abuser cannot contact you by phone, email or social media. It might also say that your abuser cannot pester or harass you.
Occupations orders prevent your abuser from living in your home, or living in certain parts of the home. Again, the terms of the injunction can vary from case to case. The court might say that your abuser cannot come to your home at all, or that your abuser must stick to certain parts of the house during certain hours.
You can apply for a non-molestation order, an occupation order, or both. If you have children under the age of 18, the injunction can apply to them as well.
However, it is important to note that you can only get a domestic violence injunction if you are associated with your abuser – for instance, he/she is your ex-spouse. If you are being threatened or harassed by someone you are not associated with, such as a stalker, you will require a different type of injunction called a harassment injunction.
Applying for a Domestic Violence Injunction
If you wish to get a domestic violence injunction, you will need to make an application to the court.
If the injunction is urgent, or you do not want your abuser to know that you are going to court, then you can make your application ‘without notice’. This means that the court will consider your application in the absence of your abuser.
Domestic Violence Solicitors
Taking legal action against someone who is abusing you is a big step, and those pursuing an injunction often feel scared about the repercussions. However, you must remember that the law is there to protect you and your children from harm. If your abuser does not adhere to the terms of the injunction, further steps can be taken to enforce the order.
But unfortunately, getting an injunction (and having an injunction enforced) are complex legal processes. While you are perfectly entitled to complete the process alone, we recognise that this will already be a frightening and stressful situation for you. Having to deal with legal paperwork and court hearings will only add to your worries.
That is why you might prefer to have a domestic violence solicitor act on your behalf. This will ensure that you have a legal representative to guide you through the process, complete the application and present your case at the court hearings.
Contact Us Now
If you have been subject to domestic abuse and would like to know more about domestic violence injunctions, please do not hesitate to contact us. We will provide straightforward and friendly advice, taking the best possible course of action to keep you and your family safe.
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