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Domestic Violence and Injunctions
If you or your children have been subjected to domestic violence by a partner or relative we can assist. Domestic violence isn’t necessarily physical abuse, it can be emotional abuse as well. If you have suffered physical abuse this is a criminal offence and the Police may well press charges. In addition to this you can bring a civil action to prevent further abuse.
There are two main types of injunction that you can seek from the Court:
This is an order prohibiting the other party from molesting another person who is associated with that party and/or a relevant child. It may be expressed so as to refer to molestation in general, to particular acts of molestation, or both. The order may be for a specific period or until further order of the Court. In deciding whether to exercise its powers under this section the Court shall have regard to all the circumstances including the need to secure the health, safety and well-being of the applicant and of any relevant child.
The Court can make orders to regulate occupation of the home, to exclude the other party from the home and the vicinity of the home and to prohibit, terminate or restrict the exercise of the other party’s occupation rights, as appropriate.
The balance of harm test is the relevant test for the Court in deciding whether to make the order. The test will vary depending on the particular circumstances of the case and you will need to seek help from a family law specialist. At PJH solicitors we have the necessary expertise to help you and to support you throughout the process.