Domestic Abuse Solicitors Belfast
What is Domestic Violence?
Domestic abuse is a single or repetition of incidents of threatening behaviour by one party to another. Domestic violence can take many forms including physical and emotional abuse, such as:
- Physical or sexual abuse
- Coercive control
- Emotional abuse
- Physical or online harassment
- Stalking
Domestic violence is a problem that most people do not often think about, but one which nonetheless still happens. Victims of domestic abuse are amongst the most vulnerable people in society and require as much protection as possible.
Our family law department has vast experience in dealing with cases involving domestic abuse and we can provide assistance to help you obtain protection and ensure that you and your children do not suffer any further abuse.
The Courts in Northern Ireland offer protection for victims of domestic abuse and we can advise you on the best approach to take. The two most common remedies to domestic violence are Non-Molestation Orders and Occupation Orders.
Non-Molestation Orders
A Non-Molestation Order will prohibit an abusive partner or former partner from using violence, threatening violence, harassing, or intimidating you in the future. It is often necessary to apply for this on an emergency ‘ex parte’ basis which means that your partner/ex-partner does not know about the application initially. This can be granted for a short period of time until a Hearing date is listed before the Court. Your partner will then be served with the relevant papers by the PSNI and be made aware of the proceedings. If you are granted the benefit of an emergency Non Molestation order, you will be protected by the Order which has an immediate power of arrest should your partner/ex-partner breach it.
The Order can specifically state that such a person cannot ‘harass, annoy or intimidate you whether directly or indirectly through a third person.’ Within the Family Homes and Domestic Violence (Northern Ireland) Order 1998, you must be an ‘associated person’ to be able to apply for a Non-Molestation order. The range of individuals who can apply are as follows:
- People who are/have been married to each other
- Cohabitants/former cohabitants; certain relatives e.g. father, mother, brother, sister, daughter, son;
- Persons who have agreed to marry
- Persons who have a child together
Occupation Orders
If you are living with a partner, we will consider making an Occupation Order Application at the same time as the Non-Molestation Order. This would have the effect of excluding your partner from the family home in addition to preventing them from coming within a certain distance of the family home. For example, the Court may order that your partner is prohibited from coming within 100 metres of your home or children.
This is an extremely beneficial application when children are living with you and they require protection from witnessing incidents of abuse and domestic violence.
How can we help?
Our specialist family law solicitors understand the sensitive nature of domestic abuse cases and will ensure that all matters are kept confidential. We want you to feel safe and able to access the help which you and your children need to break an extremely difficult and distressing cycle.
Legal aid is available for access to justice for those who suffer domestic violence and receive certain state benefits or have a low disposable income. Do not suffer in silence - help is available. We will stand up robustly for your rights and plot a clear path forward for you
