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Stewarts Solicitors offer a wide range of services surrounding matrimonial and family law, select one of the links below that relates to your circumstances for more information on how we can help.

 

Domestic Violence

Domestic violence does not just mean that your partner is hitting you. The abuse can be psychological, physical, sexual or emotional.

Domestic violence can also include many things, such as the constant breaking of trust, psychological games, harassment and financial control. It is rarely a one-off incident and is usually a pattern of abuse and controlling behaviour.

It can affect adults in all types of relationships and can also involve violence between parents and children.

In cases where domestic violence is involved, we'll discuss and advise on the most appropriate Order to apply for, whether it be a Non Molestation Order, Occupation Order or both , and further advise on any financial implications the removal of your partner/spouse will have on your household. We will also advise on the criminal aspect, should you wish to report your partner/spouse to the Police.

Our experienced solicitors will ensure that you have a clear understanding of all the options available to you under the law. This will be on a cost-effective basis with thorough and sensitive attention given to your and your family's needs (An assessment will be carried out in respect of Legal Aid eligibility).

Frequently asked Q & A's

What is a Non-Molestation Order?

This an order preventing a person from causing trouble or being violent.
The Order can specifically state that such a person cannot ‘harass, annoy or intimidate you whether directly or indirectly or through a third person’.

Should the person breach the Order then they are liable to be arrested for breach of a court order and the appropriate criminal sanction imposed.

What is an Occupation Order?

This an order which decides who should live in a home after there has been violence or harassment.

For example, the court can order a person to leave the home or allow someone back into the home, or exclude a person from a specific area around the home. This Order is commonly made in conjunction with a Non Molestation Order.

Who can apply for a Non- Molestation Order?

The Non-Molestation Order is available to a full range of ‘Associated’ persons.
This includes –

  • People who are/have been married to each other
  • Cohabitants/former cohabitants
  • Certain relatives, eg father, mother, brother, sister, daughter, son
  • Persons who have agreed to marry
  • Persons who have a child together

How quickly can I get an Order?

In emergency circumstances an application can be made against the relevant person without notice being given to them. This means you can have your application filed with the court and the Order obtained the same day as you provide instructions to the Solicitor.

What if a Non Molestation Order or Occupation Order is Issued against me and I do not accept the content of the statement?

If you are served with proceedings you are entitled to defend those proceedings, and set forward your own version of events.

Furthermore if it was in fact the Applicant, your ex partner/spouse who was abusive then you can cross summons, apply for you an Order against them, setting out their behaviour. The matter can then be listed for a hearing and the Judge can decide whether the Order against you should remain in place or if an order should be made against your spouse/ex partner.

Alternatively the matter can be dealt with by undertakings, a short order be agreed or be withdrawn.

What is an Undertaking?

If somebody applies for an Order against you, but you do not agree with what they have said about you, you can still settle the case.

You can agree to give a promise, an "Undertaking" not to commit an act in the future. You do not have to admit that you did the act in the first place, simply that you have no intention of doing it in the future.

 
 

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