Court orders to protect victims of domestic violence
The family courts can make orders called injunctions to stop abusive behaviour and protect victims or children. There are two different sorts of Injunction Orders, non-molestation orders and occupation orders.
- Non-Molestation Orders order a person to stop actual physical assaults - punching, slapping, kicking, pushing, spitting etc or other sorts of intimidating and upsetting behaviour such as abusive telephone calls or threats. Breach of a non-molestation order is a criminal offence.
- Occupation Orders require the abuser to leave your home (or part of it), or keep away from your home, or to allow you to occupy your home without being threatened, harassed or assaulted. This includes requiring him/her to allow you to re-enter your home if you have been excluded from it. When the court makes an occupation order it can include a power of arrest.
Instead of making orders the court can accept undertakings, that is promises by the abuser not to do things like pestering or hitting the victim, or to leave the victim's home or stay away from the neighbourhood. But the court can not include a power of arrest with an undertaking. If you are not happy about the matter being dealt with in this way tell your solicitor, or if you do not have one tell the judge.
