Nobody should have to endure domestic abuse. If you feel that you – and any children you have – are in danger or are in a potentially harmful situation, then your first priority should be to call the police.
Protecting You and Your Family from Domestic Abuse
To ensure that you are not subjected to abuse in the future, you can also apply for a court injunction to stop your ex-partner from using or threatening violence against you or your children, or intimidating, harassing or pestering you. This is called a non-molestation order.
Non-molestation order
A non-molestation order is very powerful. If your ex breaches it, they can be arrested by the police and could be sentenced to prison for up to five years.
When deciding whether to make a non-molestation order, the court will take into account all of the circumstances of your case including the physical and mental health, and the safety and well-being of you and your children. The court will also decide how long the non-molestation order will last.
If a non-molestation order is made, it doesn’t come into effect until your ex has been served with it.
If you consider that a court injunction or order is too draconian a step, your partner can instead give ‘undertakings’ (promises) to the court. A breach of this is treated as contempt of court and could lead to a fine or committal to prison. There is, however, no power of arrest attached to an undertaking as there would be to a non-molestation order or a court injunction .
Domestic abuse protection
Regardless of your situation, our team of expert family lawyers are specialists in domestic abuse protection, and will always ensure to approach all circumstances with sympathy, understanding and compassion. For further information, speak to us today.