Latest insights from our experts

Posted 29 May 2018
by Chloë Harvey

What Constitutes Domestic Violence?

A girl in the back of a car with her hand over her face

Domestic violence can take many forms and is not limited to only physical acts of violence. Domestic violence/abuse includes emotional, psychological, financial and other controlling behaviours.

There are steps that victims of domestic violence can take to protect themselves, one of which being applying to the Court for a non-molestation order, also known as an injunction.

A non-molestation order can be applied for to provide assistance and protection from those at risk of further abuse and to put a stop to physical, threatening or intimidating behaviour towards the victim.

You can apply for a non-molestation order against someone with whom you hold one of the relationships:

  • Spouse/civil partner/fiancé or cohabiting partner
  • Family member/other relation
  • Someone with whom you have a child or who has parental responsibility for your child
  • Someone with whom you have been in an intimate relationship for a significant period of time

The court can also make occupation orders to exclude the other party from occupying the home that was, has been or was intended to be the home of the applicant and the person they are trying to exclude.

Orders of this nature are usually in place for a specified period of time (usually 6-12 months) but can be renewed. Orders can be granted in emergency situations to take immediate effect.

If you need any advice or guidance regarding anything mentioned above, then please do not hesitate to contact our experienced team of family law solicitors in Devon on 01392 207 020.

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About the author

Chloë Harvey

Graduate of Cilex

Graduate of CILEx within the family team at our Newton Abbot office