| In many cases, the police will assist
when physical violence takes place between
you and your partner. Any violent incident
should be reported to the police as soon
as possible. In some circumstances, it is necessary
for a solicitors’ letter to be sent
to the violent partner to warn them that,
if their behaviour continues, Court proceedings
may be commenced. In many cases, such a
warning can be successful and prevent further
violence.
Where necessary, application can be made
to the Court for an injunction, which is
an Order to protect you from further violence
or harassment. There are two types of Orders
that may be sought:-
| Non-Molestation
Order – this will be an Order
by the Court to the violent partner
that they should not assault, molest,
pester or harass the other partner. |
| Occupation Order –
where necessary, a Court will make Orders
which will restrict or exclude one partner
from property, if that is necessary
for the health, safety or well being
of the other partner or the children. |
In cases of extreme urgency, where there has
been serious violence and immediate protection
is required, an injunction can be sought without
notice being given to the violent partner;
they will have an opportunity to put their
side of the case at a later date.
Where a Court is satisfied that there has
been violence and there is a risk of repetition,
the Court may grant the police “Power
of Arrest” against your partner which
will enable the police to arrest that partner
if they breach the terms of the injunction
by being violent again.
The Courts have the ultimate sanction, if
a violent person disobeys a Court Order, to
send him or her to prison for a short time. |
