What do I do if I don’t feel safe at home?
Living with an abusive partner or family member can leave many people feeling unable to escape. If you are experiencing or have experienced domestic abuse of any kind, there are options for help and support available to you.
For those in immediate danger, you should call the police on 999. The police have many powers to assist those in extreme urgent need. Many acts of domestic abuse are criminal offences, and the abusive party could be charged with an offence and given strict conditions upon release not to contact you (or ask others to do so) or go near you.
What if I cannot leave my home?
When police are called to a domestic incident, they will often ask one party to leave the home temporarily to avoid a further incident occurring. If this is the case, you could apply to the Family Court for an Occupation Order to extend the period of exclusion from the home for up to 12 months (although usually 6 months is granted). However, excluding someone from their home is a last resort, and the court will need to be satisfied that they have alternative accommodation or could afford to rehouse themselves during the period of exclusion.
You may also be permitted in limited circumstances to apply for an Occupation Order without prior involvement of the police, or either party having been temporarily removed from the home.
An Occupation Order does not change the ownership rights over a property, and so steps will still need to be taken to resolve any possible financial claims. A solicitor will be able to assist you with this and avoid you having to make contact with the abusive party directly.
What if the abuse does not stop?
When applying for an Occupation Order, you may also need to apply for a non-molestation order to limit any threatening, intimidating, harassing or pestering behaviour towards you. These orders can prohibit a person from coming near you or contacting you, and from encouraging others to do so on their behalf. If a non-molestation order is breached, they can be arrested by the police without the need to return to the Family Court.
If you are already living separately but the abusive behaviour continues, you can still apply for a non-molestation order. In these circumstances, you will need to provide evidence of the ongoing abuse. It may also be appropriate to send a solicitor’s letter to warn the abusive party to stop such behaviour before making an application to the court.
How can we help?
Should you require more information or advice concerning domestic abuse, please contact us in confidence today.
